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Full text of "North Carolina Register v.10 no. 14 (10/16/1995)"

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NORTH CAROLINA 

REGISTER 



VOLUME 10 • ISSUE 14 • Pages 1229 - 1427 
October 16, 1995 



IN THIS ISSUE 

Contested Case Decisions 

Cosmetic Art Examiners 

Environment, Health, and Natural Resources 

Human Resources 

Joint Committee of Podiatry Examiners and Medical Board 

Labor 

Rules Review Commission Objections 

Substance Abuse Professionals 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



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S U Lass **«4S^ iiiss H W KsieI 



OCT £i 1995 

KATHRINE a ETSRETT 
LAW LIBRARY 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 1.13 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published twice a month and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the 
General Statutes. All proposed administrative rules and notices of 
pubhc heanngs filed under G.S. 150B-21.2 must be published in 
the Register. The Register will t>pically comprise approximately 
fift)' pages per issue of legal text. 

State law requires that a copy of each issue be provided free of 
charge to each count) m the state and to vanous state officials and 
institutions. 

The North Carohiia Register is available by yearlv subscnption 
at a cost of one hundred and twentj- dollars ($120.00) for 24 
issues, Indnidual issues ma\ be purchased for ten dollars 
($10.00). 

Requests for subscnption to the North Carolina Register should 
be directed to the Office of Admimstrative Hearings. PO Drawer 
27447. Raleigh, NO 27611-7447. 

ADOPTION, AMENDMENT, AND REPEAL OF RULES 

The following is a generalized statement of the procedures to be 
followed for an agency to adopt, amend, or repeal a rule. For the 
specific statutor) authont)', please consult Article 2A of Chapter 
150B of the General Statutes. 

An) agency intending to adopt, amend, or repeal a rule must 
first pubhsh notice of the proposed action in the ,Vcir//i Carolina 
Register. The notice must include the time and place of the public 
hearing (or instructions on how a member of the pubhc ma)' 
request a hearing): a statement of procedure for pubhc comments: 
the text of the proposed rule or the statement of subject matter; the 
reason for the proposed action: a reference to the statutor)' 
authont)' for the action and the proposed effective date. 

Unless a specific statute provides otherwise, at least 15 days 
must elapse following pubhcation of the notice in the North 
Carolina Register before the agency may conduct the public 
hearing and at least 30 da)s must elapse before the agenc)' can take 
action on the proposed rule. An agenc)' may not adopt a rule that 
differs substantiall)' from the proposed form pubUshed as part of 
the public notice, until the adopted version has been pubUshed in 
the North Carolina Register for an additional 30 day comment 
period. 

When final action Ls taken, the promulgating agenc)' must file the 
rule with the Rules Review Commission (RRC). After approval 
by RRC, the adopted rule is filed uith the Office of Admimstrative 
Heanngs (OAH). 

A rule or amended rule generall)' becomes effective 5 business 
da\s after the rule is filed with the Office of Administrative 
Heanngs for publication in the North Carohna Admimstrative 
Code (NCAC). 

Proposed action on rules ma)- be withdrawn b)' the promulgating 



agenc)' at any time before final action is taken by the agency or 
before filing with OAH for publication in the NCAC. 

TEMPORARY RULES 

Under certain emergency conditions, agencies may issue 
temporary rules. Within 24 hours of submission to OAH, the 
Codifier of Rules must review the agency's written statement of 
findings of need for the temporar)' rule pursuant to the provisions 
in G.S. 150B-21.1. If the Codifier determines that the findings 
meet the cntena in G.S. 150B-21.1. the rule is entered into the 
NCAC. If the Codifier determines that the findings do not meet 
the cntena, the rule is returned to the agency. The agency may 
supplement its findings and resubmit the temporar) rule for an 
additional review or the agenc)' may respond that it will remain 
with its imtial position. The Codifier. thereafter, will enter the 
rule into the NCAC. A temporary rule becomes effective either 
when the Codifier of Rules enters the rule in the Code or on the 
sixth business day after the agency resubrmts the rule without 
change. The temporar)' rule is m effect for the penod specified in 
the rule or 180 da)'s, whichever is less. An agency adopting a 
temporary rule must begin rule-making procedures on the 
permanent rule at the same time the temporar)' rule is fijed with 
the Codifier. 

NORTH CAROLINA AD^UNISTRATIVE CODE 

The North Carohna Admimstrative Code (NCAC) is a 
compilation and index of the admimsfrative rules of 25 state 
agencies and 40 occupational hcensing boards. Compilation and 
pubhcation of the NCAC is mandated by G.S. 150B-21.18. 

The Code is divided into Titles and Chapters. Each state agency 
is assigned a separate title which is further broken down by 
chapters. Title 21 is designated for occupational hcensing boards. 
The NCAC is available in two formats. 

(1) Single pages ma)' be obtained at a miramum cost of 
two dollars and 50 cents ($2.50) for 10 pages or less, 
plus fifteen cents ($0.15) per each additional page. 
Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrative 
Heanngs. 

(2) The fiiU publication and supplement service is printed 
and distnbuted b)' Barcla)'s Law Publishers. It is 
asailable m hardcop)', CD-ROM and diskette format. 
For subscnption information, call 1-800-888-3600. 

CITATION TO THE NORTH CAROLINA REGISTER 

The North Carohna Register is cited b)' volume, issue, page 
number and date. 10:01 NCR 1-67, April 3, 1995 refers to 
Volume 10, Issue 1, pages 1 through 67 of the North Carolina 
Register issued on April 3, 1995. 



FOR INFORMATION CONTACT: Office of Admimstrative Heanngs. ATTN: 
NC 27611-7447. (919) 733-2678, FAX (919) 733-3462. 



Rules Division. PO Drawer 27447, Raleiizh, 



NORTH CAROLINA 



IN THIS ISSUE 




Volume 1 O, Issue 1 4 
Pages 1229 - 1427 

October 16, 1995 



This issue contains documents officially filed 
through October 2, 1995. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann HI, Director 

James R. Scarcella Sr. , E>eputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 



I. IN ADDITION 

EHNR, Commission for Health Services ...... 1229 

Joint Committee of Podiatry Examiners and 
Medical Board 1230- 1231 



n. PROPOSED RULES 

Environment, Health, and Natural Resources 

Environmental Management Commission .... 1325 - 1336 
Marine Fisheries Commission 1336-1380 

Human Resources 

Facility Services 1238-1297 

Medical Assistance 1317- 1323 

Medical Care Commission .... 1232-1238; 1297-1311 
Mental Health, Developmental Disabilities and 

Substance Abuse Services 1311-1312 

Services for the Blind 1312- 1317 

Labor 
Job Listing Services 1323 - 1325 

Licensing Boards 

Cosmetic Art Examiners 1380- 1382 

Substance Abuse Professionals 1382-1388 

HI. RRC OBJECTIONS 1389- 1395 



rV. CONTESTED CASE DECISIONS 

Index to AU Decisions 1396- 1409 

Text of Selected Decisions 
92 EHR 1028 1410- 1412 

V. CUMULATIVE INDEX 1414- 1427 



NORTH CAROLINA REGISTER 

Publication Schedule 

(July 1995 - November 1995) 



Volume 
and 
Issue 

Number 


Issue 
Date 


I flst Day 
for Filing 


Last Day 
for Elec- 
tronic 
Filing 


Earliest 
Date for 
PubUc 
Hearing 
15 days 
from no- 
tice 


* End of 

Required 

Comment 

Period 

30 days 

from 

notice 


lAst Day 

to Submit 

toRRC 


** Earliest 

Effective 

Date 


10:7 


07/03/95 


06/12/95 


06/19/95 


07/18/95 


08/02/95 


08/21/95 


10/01/95 


10:8 


07/14/95 


06/22/95 


06/29/95 


07/31/95 


08/14/95 


08/21/95 


10/01/95 


10:9 


08/01/95 


07/11/95 


07/18/95 


08/16/95 


08/31/95 


09/20/95 


11/01/95 


10:10 


08/15/95 


07/25/95 


08/01/95 


08/30/95 


09/14/95 


09/20/95 


11/01/95 


10:11 


09/01/95 


08/11/95 


08/18/95 


09/18/95 


10/02/95 


10/20/95 


12/01/95 


10:12 


09/15/95 


08/24/95 


08/31/95 


10/02/95 


10/16/95 


10/20/95 


12/01/95 


10:13 


10/02/95 


09/11/95 


09/18/95 


10/17/95 


11/01/95 


11/20/95 


01/01/96 


10:14 


10/16/95 


09/25/95 


10/02/95 


10/31/95 


11/15/95 


11/20/95 


01/01/96 


10:15 


11/01/95 


10/11/95 


10/18/95 


11/16/95 


12/01/95 


12/20/95 


02/01/96 


10:16 


11/15/95 


10/24/95 


10/31/95 


11/30/95 


12/15/95 


12/20/95 


02/01/96 



Ibis table is published as a public service, and the computation of time periods are not to be deemed binding or controlling. 
Time is computed according to 26 NCAC 2B .0103 and the Rules of Civil Procedure, Rule 6. 

* An agency must accept comments for at least 30 days after the proposed text is published or until the date of any public 
hearing, whichever is longer. See G.S. 150B-21.2(f) for adoption procedures. 

** The "Earliest Effective Date" is computed assuming that the agency follows the publication schedule below, that the Rules 
Review Commission approves the rule at the next calendar month meeting after submission, and that RRC delivers the rule to the 
Codifier of Rules five (5) business days before the 1st day of the next calendar month. 



Revised 07/95 



IN ADDITION 



This Section contains public notices that are required to be published in the Register or have been approved by the 
Codifier of Rules for publication. 



TITLE ISA 
DEPARTMENT OF ENfVIRONMENT, HEALTH, AND NATURAL RESOURCES 



The Commission for Health Services has changed the location of the hearing to be held on October 19, 1995 from 
the Ground Floor Hearing Room of the Archdale Building in Raleigh to: 

Parker - Lincoln Building 

Room lB-208 

2728 Capital Blvd. 

Raleigh, NC 

These notices were published in the North Carolina Register on October 2, 1995 and can be found on pages 1 160- 
1182 (10:13 NCR 1160-1182) and contained the foUowing rules: 15A NCAC 13A .0006, .0019; 18A .1801 - .1814, .1818, 
.2601 - .1602, .2618, .2624, .2632, .2635 - .2636; 20D .0233 - .0234, .0236, .0241 - .0243, .0247 - .0252; 21F .0801 - 
.0802, .0804, .1101 - .1103, .1105; 24A .0102, .0202 - .0204 and .0301. 



10:14 NORTH CAROLINA REGISTER October 16, 1995 1229 



IN ADDITION 



BEFORE THE JOINT COMMITTEE OF 
THE BOARD OF PODIATRY EXAMINERS 

AND 
THE NORTH CAROLINA MEDICAL BOARD 

Whereas, on June 14, 1995, Senate Bill 399 was ratified as Chapter 248 of the 1995 Session Laws of the State of 
North Carolina enacted by the General Assembly; and 

Whereas, pursuant to Section 2 of Chapter 248 of the 1995 Session Laws enacted by the North Carolina General 
Assembly, the North Carolina Medical Board' selected two of its members, Ernest B. Spangler, MD and Hector H. Henry 
n, MD, and the North Carolina Board of Podiatry Examiners selected two of its members, Carl Purvis, DPM and James 
Mothershed, DPM, to serve on a committee (hereinafter "the Committee") to jointly define by rule what constitutes "simple 
soft tissue procedures" as that phrase is used in G.S. 90-202. 2(b) in order to protect the public health safety and welfare; 
and 

Whereas, rules adopted by the Committee under Section 2 of Chapter 248 of the 1995 Session Laws enacted by the 
General Assembly are exempt from Article 2A of Chapter I50B of the General Statutes, and 

Whereas, the Committee met on July 25, 1995, September 5, 1995 and September 25, 1995. 

Whereas, by action on September 25, 1995, the Committee jointly defined what constitutes "simple soft tissue 
procedures" as that phrase is used in G.S. 90-202. 2(b) as follows: 

SIMPLE SOFT TISSUE PROCEDURES PURSUANT TO G.S. 90-202.2(b) ARE PROCEDURES 
INVOLVING STRUCTURES PROXIMAL TO A LINE PARALLEL WITH THE DOME OF THE TALUS 
THAT MAY BE PERFORMED BY A PODIATRIST IN AN OmCE SETTING INCLUDE: 

(1) LIGATION OF SUPERFICLVL VEINS OR VESSELS; 

(2) REPAIR OF SOFT TISSUE LACERATIONS AND ABRASIONS; 

(3) INCISION, DRAINAGE AND DEBRIDEMENT OF ABSCESSES, HEMATOMAS, AND 
ULCERATIONS; 

(4) EXCISION OF FOREIGN BODIES AND SOFT TISSUE MASSES WHICH ARE NOT 
KNOWN OR THOUGHT TO BE MALIGNANT; 

(5) BIOPSY AND CAUTERIZATION OF SOFT TISSUE LESIONS; 

(6) LIGAMENTOUS AND TENDON REPAIRS FOUND DURING THE AFOREMENTIONED 
PROCEDURES; 

(7) RELEASE OF NERVE ENTRAPMENT FOUND IN CONJUNCTION WTTH AN 
EXTENSION OF NERVE ENTRAPMENT PROCEDURES OF THE FOOT. 

Now therefore, it is hereby ORDERED that the following rule inscribed in the North Carolina Administrative Code 
as Rule 21 NCAC 52 .1401 by the Codifier of Rules: 

SECTION .1400 - SCOPE OF PRACTICE 

.1401 SOFT TISSUE PROCEDURES 

SIMPLE SOFT TISSUE PROCEDURES PURSUANT TO G.S. 90-202.2(h) ARE PROCEDURES INVOLVING 
STRUCTURES PROXIMAL TO A UNE PARALLEL WITH THE DOME OF THE TALUS THAT MAY BE 



' Pursuant to Chapter 94 of the 1995 Session Laws enacted by the General Assembly, the name 
of the North Carolina Board of Medical Examiners was change to North Carolina Medical Board. 

1230 NORTH CAROUNA REGISTER October 16, 1995 10:14 



I^ ADDITION 



PERFORMED BY A PODIATRIST IN AN OFHCE SETTING INCLUDE: 

(1) UGATION OF SUPERFIQAL VEINS OR VESSELS; 

(2) REPAIR OF SOFT TISSUE LACERATIONS AND ABRASIONS; 

(3) INQSION, DRAINAGE AND DEBRIDEMENT OF ABSCESSES, HEMATOMAS, AND ULCERATIONS; 

(4) EXaSION OF FORHGN BODIES AND SOFT TISSUE MASSES WfflCH ARE NOT KNOWN OR THOUGHT 
TO BE MALIGNANT; 

(5) BIOPSY AND CAUTERIZATION OF SOFT TISSUE LESIONS; 

(6) UGAMENTOUS AND TENDON REPAIRS FOUND DURING THE AFOREMENTIONED PROCEDURES; 

(7) RELEASE OF NERVE ENTRAPMENT FOUND IN CONJUNCTION WITH AN EXTENSION OF NERVE 
ENTRAPMENT PROCEDURES OF THE FOOT. 

It is further ORDERED that a copy of this order be published in the North Carolina Register. 

This rule shall be effective October 1, 1995. 

SO ORDERED, this the 29th day of September, 1995. 

JOINT COMMITTEE OF THE 

NORTH CAROUNA BOARD OF PODIATRY EXAMINERS 

AND THE NORTH CAROUNA MEDICAL BOARD 



BY: 

E. B. Spangler, MD 
Hector H. Henry, D, MD 
James Mothershed, DPM 
Carl Purvis, DPM 



10:14 NORTH CAROLINA REGISTER October 16, 1995 1231 



PROPOSED RULES 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the N.C. Medical Care Commission 
intends to adopt rules cited as 10 NCAC 3C .5301 and 
.5401 - .5414. 

Proposed Effective Date: March 1, 1996. 

A Public Hearing will be conducted at 9:30 a.m. on 
December 1, 1995 at the Council Building, 701 Barbour 
Drive, Room 201, Raleigh, NC. 

Reason for Proposed Action: To adopt new hospital rules 
governing hospitals with long term care beds and compre- 
hensive inpatient rehabilitation beds which conform to those 
previously adopted for free-standing nursing facilities. 

Comment Procedures: Any interested person may present 
comments by oral presentation or by submitting a written 
statement. Persons wishing to make oral presentations 
should contact Mr. Jackie Sheppard, APA Coordinator, 
DPS, P.O. Box 29530, Raleigh, NC 27626-0530, telephone 
number (919) 733-2342. In order to allow the Commission 
sufficient time to review and evaluate your written comments 
prior to the hearing, please submit your written comments to 
Mr. Jackie Sheppard at the above address, no later than 
close of business on November 15, 1995. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3C - LICENSING OF HOSPITALS 

SECTION .5300 - NURSING AND ADULT CARE 
HOME BEDS 

.5301 THE LICENSURE OF NURSING AND ADULT 
CARE HOME BEDS IN A HOSPITAL 

When a facility has nursing facility beds or adult care 
home beds, the beds shall be provided under the hospital's 
license as provided in Rule .3101 of this Subchapter. The 
nursing facility beds and the adult care home beds shall be 
subject to the rules in 10 NCAC Subchapter 3H. with the 
exception that the following rules shall not apply: 10 NCAC 
3H .2001(5): .2101 - .2108: .2201: .2208: .2209; .2211: 
.2212; .2302: .2401; .2402; .2503; .2504; .2602; .2607; 
.2701; and .2901. With these exceptions, the rules in JO 
NCAC 3H are incorporated by reference with all subsequent 
amendments. Referenced rules are available from the N.C. 
Division of Facility Services. 701 Barbour Drive. Raleigh. 
North Carolina 27626-0530 at a cost of six dollars ($6.00) 
per copy. 



Statutory Authority G.S. 131E-79. 

SECTION .5400 - COMPREHENSIVE INPATIENT 
REHABILITATION 

.5401 DEFINrriONS 

The following definitions shall apply to inpatient rehabili- 
tation facilities or units only: 

(1) "Case management" means the coordination of 
services, for a given patient, between disciplines 
so that the patient may reach optimal rehabilitation 
through the judicious use of resources. 

(2) "Comprehensive, inpatient rehabilitation program" 
means a program for the treatment of persons with 
functional limitations or chronic disabling condi- 
tions who have the potential to achieve a signifi- 
cant improvement in activities of daily living. A 
comprehensive, rehabilitation program utilize a 
coordinated and integrated, interdisciplinary 
a pproach, directed by a physician, to assess 
patient needs and to provide treatment and evalua- 
tion of physical, psycho-social and cognitive 
deficits. 

(3) "Inpatient rehabilitation facility or unit" means a 
free-standing facility or a unit (unit pertains to 
contiguous dedicated beds and spaces) within an 
existing licensed health service facility a pproved in 
accordance with G.S. 131E. Article 9 to establish 
inpatient, rehabilitation beds and to provide a 
comprehensive, inpatient rehabilitation program. 
"Medical consultations" means consultations which 
the rehabilitation physician or the attending physi- 
cian determine are necessary to meet the acute 
medical needs of the patient and do not include 
routine medical needs. 

"Occupational therapist" means any individual 
licensed in the State of North Carolina as an 
occupational therapist in accordance with the 
provisions of G.S. 90, Article 18D. 
"Occupational therapist assistant" means any 
individual licensed in the State of North Carolina 
as an occupational therapist assistant in accordance 
with the provisions of G.S. 90. Article 18D. 
"Psychologist" means a person licensed as a 
practicing psychologist in accordance with G.S. 
90. Article 18 A. 

"Phvsiatrist" means a licensed physician who has 
completed a physical medicine and rehabilitation 
residency training program a pproved by the 
Accrediting Council of Graduate Medical Educa- 
tion or the American Osteopathic Association. 
"Physical therapist" means any person licensed in 
the State of North Carolina as a physical therapist 
in accordance with the provisions of G.S. 90. 
Article 18B. 

"Physical therapist assistant" means any person 
licensed in the State of North Carolina as a physi- 



£4} 
£6) 

m 

£8} 



£9} 



(10) 



1232 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



PROPOSED RULES 



cal therapist assistant in accordance with the 
provisions of G.S. 90-270.24. Article 18B. 

(11) "Recreational therapist" means a person certified 
by the State of North Carolina Therapeutic Recre- 
ational Certification Board. 

(12) "Rehabilitation nurse" means a registered nurse 
licensed in North Carolina, with training, either 
academic or on-the-job, in physical rehabilitation 
nursing and at least one year experience in physi- 
cal rehabilitation nursing. 

(13) "Rehabilitation aide" means an unlicensed assistant 
who works under the supervision of a registered 
nurse, licensed physical therapist or occupational 
therapist in accordance with the a ppropriate 
occupational licensure laws governing his or her 
supervisor and consistent with staffing require- 
ments as set forth in Rule .5508 of this Section. 
The rehabilitation aide shall be listed on the North 
Carolina Nurse Aide Registry and have received 
additional staff training as listed in Rule .5509 of 
this Section. 

(14) "Rehabilitation physician" means a physiatrist or 
a physician who is qualified, based on education, 
training and experience regardless of specialty, of 
providing medical care to rehabilitation patients. 

(15) "Social worker" means a person certified by the 
North Carolina Certification Board for Social 
Work in accordance with G.S. 90B-3. 

(16) "Speech and language pathologist" means any 



p>erson licensed in the State of North Carolina as 
a speech and language pathologist in accordance 
with the provisions of G.S. 90, Article 22. 

Statutory Authority G.S. 131E-79. 

,5402 PHYSICIAN REQUIREMENTS FOR 

INPATIENT REHABILITATION FAdLITIES 
ORUNFTS 

(a) In a rehabilitation facility or unit, a physician shall 
participate in the provision and management of rehabilitation 
services and in the provision of medical services. 

(b) In a rehabilitation facility or unit, a rehabilitation 
physician shall be responsible for a patient's interdisciplin- 
ary treatment plan. Each patient's interdisciplinary treat- 
ment plan shall be developed and implemented under the 
supervision of a rehabilitation physician. 

(c) The rehabilitation physician shall participate m the 
preliminary assessment within 48 hours of admission, 
prepare a plan of care and direct the necessary frequency of 
contact based on the medical and rehabilitation needs of the 
patient. The frequency shall be a ppropriate to justify the 
need for comprehensive inpatient rehabilitation care. 

(d) An inpatient rehabilitation facility or unit's contract or 
agreements with a rehabilitation physician shall require that 
the rehabilitation physician shall participate in individual 
case conferences or care planning sessions and shall review 
and sign discharge summaries and records. When patients 



are to be discharged to another health care facility, the 
discharging facility shall ensure that the patient has been 
provided with a discharge plan which incorporates post 
discharge continuity of care and services. When patients are 
to be discharged to a residential setting, the facility shall 
ensure that the patient has been provided with a discharge 
plan that incorporates the utilization of community resources 
when available and when included in Ae patient's plan of 
care. 

(e) The intensity of physician medical services and the 
frequency of regular contacts for medical care for the 
patient shall be determined by the patient's pathophysiologic 
needs. 

(f) Where the attending physician of a patient in an 
inpatient rehabilitation facility or unit orders medical 
consultations for the patient, such consultations should be 
provided by qualified physicians within 48 hours of the 
physician's order. In order to achieve this result, the 
contracts or agreements between inpatient rehabilitation 
facilities or units and medical consultants shall require that 
such consultants render the requested medical consultation 
within 48 hours. 

(g) An inpatient rehabilitation facility or unit shall have 
a written procedure for setting the qualifications of the 
physicians, rendering physical rehabilitation services in the 
facility or unit. 

Statutory Authority G.S. 131E-79. 

.5403 ADMISSION CRITERIA FOR INPATIENT 
REHABILITATION FAdLITIES OR UNFTS 

(a) The facility shall have written criteria for admission 
to the inpatient rehabihtation facility or unit. A description 
of programs or services for screening the suitability of a 
given patient for placement shall be available to staff and 
referral sources. 

(b) For patients found unsuitable for admission to the 
inpatient rehabilitation facility or unit, there shall be 
documentation of the reasons. 

(c) Within 48 hours of admission, a preliminary assess- 
ment shall be completed by members of the interdisciplinary 
team to insure the appropriateness of placement and to 
identify the immediate needs of the patients. 

(d) Patients admitted to an inpatient rehabilitation facility 
or unit must be able to tolerate a minimum of three hours of 
rehabilitation therapy, five days a week, including at least 
two of the following rehabilitation services: physical 
therapy, occupational therapy or speech therapy. 

(e) Patients admitted to an inpatient rehabilitation facility 
or unit must be medically stable, have a prognosis indicating 
a progressively improved medical condition and have the 
potential for increased independence. 

Statutory Authority G.S. 131E-79. 

.5404 COMPREHENSIVE INPATIENT 

REHABILFTATION EVALUATION 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1233 



PROPOSED RULES 



(a.) A comprehensive, inpatient rehabilitation evaluation 
is required for each patient admitted to an inpatient rehabili- 
tation facility or unit. At a minimum this evaluation shall 
include the reason for referral, a summary of the patient's 
clinical condition, functional strengths and limitations, and 
indications for specific services. This evaluation shall be 
completed within three days. 

(h) Each patient shall be evaluated b^ the interdisciplinary 
team to determine the need for any of the following ser- 
vices: medical, dietary, occupational therapy, physical 
therapy, prosthetics and orthotics, psychological assessment 
and therapy, therapeutic recreation, rehabilitation medicine, 
rehabilitation nursing, therapeutic counseling or social work, 
vocational rehabilitation evaluation and speech-language 
pathology. 

Statutory Authority G.S. 131E-79. 

.5405 COMPREHENSIVE INPATIENT 

REHABILITATION INTER-DISCIPLINARY 
TREAT/PLAN 

(a") The mterdisciplinary treatment team shall develop an 
bdividual treatment plan for each patient within seven days 
after admission. The plan shall include evaluation findings 
and information about the following: 

(1) prior level of function; 

(2) current functional limitations; 

(3) specific service needs; 

(4) treatment, supports and adaptations to be pro- 
vided; 

(5) specified treatment goals; 

(6) disciplines responsible for implementation of 
separate parts of the plan; and 

(7) anticipated time frames for the accomplishment 
of specified long-term and short-term goals. 

(b) The treatment plan shall be reviewed by the interdisci- 
plinary team at least every other week. All members of the 
interdisciplinary team, or a representative of their discipline, 
shall attend each meeting. Documentation of each review 
shall include progress toward defined goals and identifica- 
tion of any changes in the treatment plan. 

(c) The treatment plan shall include provisions for all of 
the services identified as needed for the patient in the 
comprehensive inpatient rehabilitation evaluation completed 
in accordance with Rule .5404 of this Subchapter. 

(d) Each patient shall have a designated case manager 
who is responsible for the coordination of the patient's 
individualized treatment plan. The case manager is respon- 
sible for promoting the program's responsiveness to the 
needs of the patient and shall participate in all team confer- 
ences concerning the patient's progress toward the accom- 
plishment of specified goals. Any of the professional staff 
involved in tjie patient's care may be the designated case 
manager for one or more cases, or the director of nursing 
or social worker may accept the coordination responsibility 
for the patients. 



StatMory Authority G.S. 131E-79. 

.5406 DISCHARGE CRITERIA FOR INPATIENT 
REHABILITATION FAdLITIES OR UNITS 

(a) Discharge planning shall be an integral part of the 
patient's treatment plan and shall begin up>on admission to 
the facility. After established goals have been reached, or 
a determination has been made that care in a less intensive 
setting would be a ppropriate, or that further progress is 
unlikely, the patient shall be discharged to an appropriate 
setting. Other reasons for discharge may include an 
inability or unwillingness of patient or family to cooperate 
with the planned therapeutic program or medical complica- 
tions that preclude a further intensive rehabilitative effort. 
The facility shall involve the patient, family, staff members 
and referral sources in discharge planning. 

(b) The case manager shall facilitate the discharge or 
transfer process in coordination with the facility social 
worker. 

(c) If a patient is being referred to another facility for 
further care, appropriate documentation of Ae patient's 
current status shall be forwarded with the patient. A formal 
discharge summary shall be forwarded within 48 hours 
following discharge and shall include the reasons for 
referral, the diagnosis, functional limitations, services 
provided, the results of services, referral action recommen- 
dations and activities and procedures used by the patient to 
maintain and improve functioning. 

Statutory Authority G.S. 131E-79. 

.5407 COMPREHENSIVE REHABILITATION 
PERSONNEL ADMINISTRATION 

(a) The facility shall have qualified staff members, 
consultants and contract personnel to provide services to the 
patients admitted to the inpatient rehabilitation facility or 
unit. 

(b) Personnel shall be employed or provided by contrac- 
tual agreement in sufficient types and numbers to meet the 
needs of all patients admitted for comprehensive rehabilita- 
tion. 

(c) Written agreements shall be maintained by the facility 
when services are provided by contract on an ongoing basis. 

Statutory Authority G.S. 131E-79. 

.5408 COMPREHENSIVE INPATIENT 

REHABILITATION PROGRAM STAFFING 
REQUIREMENTS 

(a) The staff of the inpatient rehabilitation facility or unit 
shall include at a minimum: 

{\X the inpatient rehabilitation facility or unit shall 
be supervised by a rehabilitation nurse. The 
facility shall identify the nursing skills necessary 
to meet the needs of the rehabilitation patients in 
the unit and assign staff qualified to meet those 
needs; 



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(2) the minimum nursing hours per patient in the 
rehabilitation unit shall be 5.5 nursing hours per 
patient day. At no time shall direct care nursing 
staff be less than two full-time equivalents, one 
of which must be a registered nurse: 

(3) the inpatient rehabilitation unit shall employ or 
provide by contractual agreements sufficient 
therapist to provide a minimum of three hours of 
specific (physical, occupational or speech) or 
combined rehabilitation therapy services per 
patient day; 

{4} physical therapy assistants and occupational 
therapy assistants shall be supervised on-site by 
physical therapists or occupational therapists; 

(5) rehabilitation aides shall have documented 
training a ppropriate to the activities to be per- 
formed and the occupational licensure laws of 
his or her supervisor. The overall responsibility 
for the on-going supervision and evaluation of 
the rehabilitation aide remains with the regis- 
tered nurse as identified in Subparagraph (a)(1) 
of this Rule. Supervision by the physical thera- 
pist or by 4e occupational therapist is limited to 
that time when the therapist is on-site and direct- 
ing the rehabilitation activities of the aide: and 

(6) hours of service by the rehabilitation aide are 
counted toward the required nursing hours when 
the aide is working under the suf)eryision of the 
nurse. Hours of service by the rehabilitation 
aide are counted toward therapy hours during 
that time the aide works under the immediate, 
on-site supervision of the physical therapist or 
occupational therapist. Hours of service shall 
not be dually counted for both services. Hours 
of service by rehabilitation aides in performing 
nurse-aide duties in areas of the facility other 
than the rehabilitation unit shall not be counted 
toward the 5^5 hour minimum nursing require- 
ment described for the rehabilitation unit. 

(b) Additional personnel shall be provided as required to 
meet the needs of the patient, as defined in the comprehen- 
sive inpatient rehabilitation evaluation. 

Statutory Authority G.S. 131E-79. 

.5409 STAFF TRAINING FOR INPATIENT 

REHABILITATION FAdLITIES OR UNIT 

Prior to the provision of care, all rehabilitation personnel, 
excluding physicians, assigned to the rehabilitation unit shall 
be provided training or shall provide documentation of 
training that includes at a minimum the following: 

(1) active and passive range of motion: 

(2) assistance with ambulation: 

(3) transfers: 

(4) maximizing functional independence: 

(5) the psycho-social needs of the rehabilitation 
patient: 



(6) the increased safety risks of rehabilitation training 
(including falls and the use of restraints): 

(7) proper body mechanics: 

(8) nutrition, including dysphagia and restorative 
eating: 

(9) communication with the aphasic and hearing 
impaired patient: 

(10) behavior modification: 

(11) bowel and bladder training: and 

(12) skin care. 

Statutory Authority G.S. 131E-79. 

.5410 EQUIPMENT REQUIREMENTS/ 
COMPREHENSIVE INPATIENT 
REHABILITATION PROGRAMS 

(a) The facility shall provide each discipline with the 
necessary equipment and treatment methods to achieve the 
short and long-term goals specified in the comprehensiye 
inpatient rehabilitation interdisciplinary treatment plans for 
patients admitted to these facilities or units. 

(b) Each patient's needs for a standard wheelchair or a 
specially designed wheelchair or additional devices to allow 
safe and independent mobility within the facility shall be 
met. 

(c) Special physical therapy and occupational therapy 
equipment for use in fabricating positioning devices for beds 
and wheelchairs shall be provided including splints, casts, 
cushions, wedges and bolsters. 

(d) Riysical therapy devices shall be provided, including 
a mat, table, parallel bars, sliding boards, and special 
adaptive bathroom equipment. 

Statutory Authority G.S. 131E-79. 

.5411 PHYSICAL FACILITY REQUIREMENTS/ 

INPATIENT REHABILITATION FAdLITIES 
OR UNIT 

(a) The inpatient rehabilitation facility or unit shall be in 
a designated area and shall be used for the specific purp>ose 
of providing a comprehensive inpatient rehabilitation 
program. 

(b) The floor area of a single bedroom shall be sufficient 
for the patient or the staff to easily transfer the patient from 
the bed to a wheelchair and to maneuver a 180 degree turn 
with a wheelchair on at least one-side of the bed. 

(c) The floor area of a multi-bed bedroom shall be 
sufficient for the patient or the staff to easily transfer the 
patient from the bed to a wheelchair and to maneuver a 180 
degree turn with a wheelchair between beds. 

(d) Each patient room shall meet the following require- 
ments: 

(1) maximum room capacity of no more than four 
patients: 

(2) operable windows: 

(3) a nurse call system designed to meet the special 
needs of rehabilitation patients: 



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1235 



PROPOSED RULES 



£41 



in single and two-bed rooms with private toilet 
room, the lavatory may be located in the toilet 



room; 



(5) a wardrobe or closet for each patient which is 
wheelchair accessible and arranged to allow the 
patient to access the contents; 

(6) a chest of drawers or built-in drawer storage 
with mirror above, which is wheelchair accessi- 
ble; and 

£7} a bedside table for toilet articles and personal 

belongings. 

(e) Space for emergency equipment such as resuscitation 

carts shall be provided and shall be under direct control of 

the nursing staff, in proximity to the nurse's station and out 

of traffic. 

£0 Patients' bathing facilities shall meet the following 
specifications: 

(1) there shall be at least one shower stall or one 
bathtub for each ^5 beds not individually served. 
Each tub or shower shall be in an individual 
room or privacy enclosure which provides space 
for the private use of the bathing fixture, for 
drying and dressing and for a wheelchair and an 
assisting attendant: 

(2) showers in central bathing facilities shall be at 
least five feet square without curbs and designed 
to permit use by a wheelchair patient: 

O) at least one five-foot-by-seven-foot shower shall 
be provided which can accommodate a stretcher 
and an assisting attendant, 
(g) Patients' toilet rooms and lavatories shall meet the 



following specifications: 

£1} the size of toilet room shall permit a wheelchair. 
a staff person and appropriate wheel-to-water 
closet transfers; 

(2) a lavatory in the room shall permit wheelchair 
access; 

(3) lavatories serving patients shall: 
(A) allow wheelchairs to extend under the lavatory; 

and 
£B} have water su pply spout mounted so that its 
discharge point is a minimum of five inches 
above the rim of the fixture; and 
£4} lavatories used by patients and by staff shall be 
equipped with blade-operated supply valves. 
(h) The space provided for physical therapy, occupational 
therapy and speech therapy by all inpatient rehabilitation 
facilities or units may be shared but shall, at a minimum, 
include: 

(1) office space for staff; 

(2) office space for speech therapy evaluation and 
treatment; 

(3) waiting space; 

(4) training bathroom which includes toilet, lavatory 
and bathtub; 

(5) gymnasium or exercise area; 

(6) work area such as tables or counters suitable for 



wheelchair access; 

(7) treatment areas with available privacy curtains 
or screens; 

(8) an activities of daily living training kitchen with 
sink, cooking top (secured when not supervised 
by staff), refrigerator and counter surface for 
meal preparation; 

(9) storage for clean linens, supplies and equipment; 

(10) janitor's closet accessible to Ae therapy area 
with floor receptor or service sink and storage 
space for housekeeping su pplies and equipment 
(one closet or space may serve more than one 
area of Ae inpatient rehabilitation facility or 
unit); and 

(11) hand washing facilities, 
(i) For social work and psychological services the 

following shall be provided: 

(1) office space for staff; 

(2) office space for private interviewing and coun- 
seling for all family members; and 

(3) work space for testing, evaluation and counsel- 
ing. 

(i) If prosthetics and orthotics services are provided, the 
following space shall be made available as necessary: 

(1) work space for technician; and 

(2) space for evaluation and fittings (with provisions 
for privacy). 

(k) If vocational therapy services are provided, the 
following space shall be made available as necessary: 
(1) office space for staff: 
the £2} work space for vocational services activities such 

as prevocational and vocational evaluation; 

(3) training space; 

(4) storage for equipment; and 

(5) counseling and placement space. 
£1} Recreational therapy space requirements shall include 

the following: 

(1) activities space; 

(2) storage for equipment and supplies; 

(3) office space for staff; and 

(4) access to male and female toilets, 
(m) The following space shall be provided for patient's 

dining, recreation and day areas: 

(1) sufficient room for wheelchair movement and 
wheelchair dining seating; 

(2) if food service is cafeteria type, adequate width 
for wheelchair maneuvers, queue space within 
the dining area (and not in a corridor) and a 
serving counter low enough to view food; 

(3) total space for inpatients, a minimum of 25 
square feet per bed; 

(4) for outpatients participating in a day program or 
partial day program. 20 square feet when dining 
is a part of the program and 10 square feet when 
dining is not a part of the program; 

(5) storage for recreational equipment and supplies, 
tables and chairs; and 



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PROPOSED RULES 



(61 



{ai A 

patients. 



the patient dining, recreation and day area 
spaces shall be provided with windows that have 
gazing of an area not less than eight peroent of 
the floor area of the space, and at least one-half 
of the required window area must be of>erabIe. 
laundry shall be available and accessible for 



Statutory Authority G.S. 131E-79. 



.5412 



ADDITIONAL REQUIREMENTS FOR 
TRAUMATIC BRAIN INJURY PATIENTS 

Inpatient rehabilitation facilities providing services to 
persons with traumatic brain injuries shall meet the require- 
ments in this Rule in addition to those identified in this 
Section. 

(1) Direct-care nursing personnel staffing ratios 
established in Rule .5408 of this Section shall not 
be a pplied to nursing services for traumatic brain 
injury patients in the inpatient, rehabilitation 
facility or unit. The minimum nursing hours p er 
traumatic brain injury patient in the unit shall be 
6.5 nursing hours per patient day. At no time 
shall direct care nursing staff be less than two full- 
time equivalents, one of which shall be a regis- 
tered nurse. 

(2) The inpatient rehabilitation facility or unit shall 
employ or provide by contractual agreements 
physical, occupational or speech therapists in 
order to provide a minimum of 4^ hours of 
specific or combined rehabilitation therapy ser- 
vices per traumatic brain injury patient day. 

(3) The facility shall provide special facility or special 
equipment needs for patients with traumatic brain 
injury, including specially designed wheelchairs. 
tilt tables and standing tables. 

(4) The medical director of m inpatient traumatic 
brain injury program shall have two years man- 
agement in a brain injury program, one of which 
may be in a clinical fellowship program and board 
eUgibility or certification in the medical specialty 
of the physician's training. 

(5) The facility shall provide the consulting services 
of a neuropsychologist. 

(6) The facihty shall provide continuing education in 
the care and treatment of brain injury patients for 
all staff. 

(7') The size of the brain injury program shall be 
adequate to su pport a comprehensive, dedicated 
ongoing brain injury program. 

Statutory Authority G.S. 131E-79. 

.5413 ADDITIONAL REQUIREMENTS FOR SPINAL 
CORD INJURY PATIENTS 

Inpatient rehabilitation facilities providing services to 
persons with spinal cord injuries shall meet the requirements 



in this Rule in addition to those identified in this Section. 

(i) Direct-care nursing personnel staffing ratios 
established in Rule .5408 of this Section shall not 
be a pplied to nursing services for spinal cord 
injury patients in the inpatient rehabilitation 
facility or unit. The minimum nursing hours p er 
spinal cord injury patient in Ae unit shall be 6.0 
nursing hours per patient day. At no time shall 
direct care nursing staff be less than two full-time 
equivalents, one of which shall be a registered 
nurse. 

(2) The inpatient rehabilitation facility or unit shall 
employ or provide by contractual agreements 
physical, occupational or speech therapists in 
order to provide a minimum of 4^ hours of 
specific or combined rehabilitation therapy ser- 
vices per spinal cord injury patient day. 
not (3) The facility shall provide special facility or special 

equipment needs of patients with spinal cord 
injury, including specially designed wheelchairs, 
tilt tables and standing tables. 

(4) The medical director of an inpatient spinal cord 
injury program shall have either two years experi- 
ence in the medical care of persons with spinal 
cord injuries or six months minimum in a spinal 
cord injury fellowship. 

£5} The facUity shall provide continuing education in 
the care and treatment of spinal cord injury pa- 
tients for all staff. 

(6) The facility shall provide sp)ecific staff training 
and education in the care and treatment of spinal 
cord injury. 

{7} The size of the spinal cord injury program shall be 
adequate to su pp>ort a comprehensive, dedicated 
ongoing spinal cord injury program. 



Statutory Authority G.S. 131E-79. 

.5414 DEEMED STATUS FOR INPATIENT 

REHABILITATION FAdLITIES OR UNIT 

(a) If an inpatient rehabilitation facility or unit with a 
comprehensive inpatient rehabilitation program is surveyed 
and accredited by the Joint Commission for the Accredita- 
tion of Health Care Organizations (JCAHO) or the Commis- 
sion on Accreditation of Rehabilitation Facilities (CARF) 
and has been a pproved by the Department in accordance 
with G.S. 131E. Article 9^ the Department deems the 
facility to be in comphance with Rules .5401 through .5413 
of this Section. 

(b) Deemed status shall be provided only if the inpatient 
rehabilitation facility or unit provides copies of survey 
reports to the Department. The JCAHO report shall show 
that the facility or unit was surveyed for rehabilitation 
services. The CARF report shall show that the facility or 
unit was surveyed for comprehensive rehabilitation services. 
The facility or unit shall sign an agreement fMemorandum 
of Understanding) with the Department specifying these 



10:14 



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1237 



PROPOSED RULES 



terms. 

(c) The inpatient rehabilitation facility or unit shall be 
subject to inspections or complaint investigations by repre- 
sentatives of the E)epartment at any time. If the facility or 
unit is found not to be in compliance with the rules listed in 
Paragraph (a) of this Rule, the facility shall submit a plan of 
correction and be subject to a follow-up visit to ensure 
compliance. 

(d) If the inpatient rehabilitation facility or unit loses or 
does not renew its accreditation, the facility or unit shall 
notify the Division in writing within 30 days. 

Statutory Authority G.S. 131E-79. 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the Division of Facility Services intends 
to adopt rules cited as 10 NCAC 3D .0808, . 1501 - . 1503; 
amend 3D . 1301 - . 1302 and . 1401 - . 1403. 

Proposed Effectiye Date: February 1, 1996. 

A Public Hearing will be conducted at 9:30 a.m. on 
December 1, 1995 at the Council Building, Room 201, 701 
Barbour Drive, Raleigh, NC. 

Reason for Proposed Action: To adopt rules on how to 
obtain and renew ambulance provider licenses pursuant to 
HB 447 and amend certification and recertification require- 
ments for ambulance attendants and Emergency Medical 
Technicians. 

Comment Procedures: Any interested person may present 
comments by oral presentation or by submitting a written 
statement. Persons wishing to make oral presentations 
should contact Mr. Jackie Sheppard, APA Coordinator, 
DFS, P.O. Box 29530, Raleigh, NC 27626-0530, telephone 
number (919) 733-2342. In order to allow the Certificate of 
Need Section sufficient time to review and evaluate your 
written comments prior to the hearing, please submit your 
written comments to Mr. Jackie Sheppard at the above 
address, no later than close of business on December 1, 
1995. 

Fiscal Note: These Rules do not affea the expenditures or 
revenues of local government or state funds. 

SUBCHAPTER 3D - RULES AND REGULATIONS 
GOVERNING AMBULANCE SERVICE 

SECTION .0800 - DEFTNITIONS 

.0808 AMBULANCE PROVIDER LICENSE 

The term "ambulance provider license" means the legal 
authorization issued by the Office of Emergency Medical 
Services for a person, firm, corporation, or association to 



operate an ambulance service within a specific geographical 
service area in accordance with Section .1500 of this 
Subchapter. 

Statutory Authority G.S. 13 IE- 155. 1. 

SECTION .1300 - CERTmCATION 

REQUIREMENTS FOR BASIC LIFE SUPPORT 

PERSONNEL 

.1301 CERTIFICATION REQUIREMENTS: 
AMBULANCE ATTENDANT 

(a) To become certified as an Ambulance Attendant, a 
person must successfully complete either of the following 
options: 

OPTION I 

(1) Be at least 18 years of age; 

(2) Paso a phyoioal e xamination p e rformed by a 

phyoioian documenting the abilit)' to function ao 
an Ambulanoo Attendant, '- 

(2) (3) Successfully complete, within one year prior 
to application, an Ambulance Attendant training 
oouro e approv e d by th e Offic e of Emergency 
Medical SofS'iooo, following guidolinoo oatab 
liahod by the CommisBion. program meeting the 
requirements of the "North Carolina Ambulance 
Attendant Curriculum Outline" dated February 
1994 and incorporated herein by reference. 
When training was completed over one year 
prior to application, a person must submit 
evidence of completion of pertinent refir e ohor 
training continuing education in emergency 
medicine taken in the past year for approval by 
the Office of Emergency Medical Services; 

(3) (4) Pass a basic life suppyort practical examina- 
tion administered by the Office of Emergency 
Medical Services; and 

(4} i§) Pass either an Ambulance Attendant written 
examination or an oral examination, at the 
option of the applicant, administered by the 
Office of Emergency Medical Services; or 
OPTION n 

(1) Be at least 18 years of age; 

(3) Pass a ph)'aical examination performed by -a 
phyoicion documenting the ability to function as 
an Ambulanc e Att e ndant; - 

(2) (^ Successfully complete, within one year prior 
to application, an Emergency Medical Techni- 
cian training cour s e approved by the Office of 
Em e rg e ncy M e dical Sop i 'ioeo. following guide 
lines ootablish e d by th e Commiooion. program 
meeting the requirements of the "North Carolina 
Emergency Medical Technician Curriculum 
Outline" dated February 1994 and incorporated 
herein by reference. When training was com- 
pleted over one year prior to application, a 
person must submit evidence of completion of 



1238 



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10:14 



PROPOSED RULES 



pertinent rofiroohor training continuing education 
in emergency medicine taken in the past year for 
approval by the Office of Emergency Medical 
Services; 

(3) (4) Pass a basic life support practical examina- 
tion administered by the Office of Emergency 
Medical Services; and 

(4) (5) Complete an Emergency Medical Technician 
written examination administered by the Office 
of Emergency Medical Services and achieve a 
minimum score of 55%. 

(b) Persons holding current certification equivalent to an 
Ambulance Attendant with Ae National Registry of Emer- 
gency Medical Technicians or in another state where the 
training and certification requirements have been approved 
for rociprocity legal recognition by the Office of Emergency 
Medical Services may become certified by: 

(1) Presenting evidence of such certification for 
verification by the Office of Emergency Medical 
Services; and 

(2) Be at least 18 years of age, ago; and 

(^ Paoo a phyoioal e xamination p e rform e d by a 

phyoioion dooum e nting the ability to function aa 
an Ambulanoo Attondan tr 

(c) Certification obtained through rociprooit)' legal 
recognition shall be valid for a period not to exceed the 
length of the current certification or a period not to exceed 
four years whichever is shorter. No certification shall be 
valid for a period exceeding four years. Persons who live 
in a state that borders North Carolina and are currently 
affiliated with an ambulance provider in North Carolina may 
continue to obtain a North Carolina certification through 
fociprooity legal recognition if they continue to meet the 
recertification requirements in the state in which they reside. 
Persons who live in North Carolina and are currently 
certified in another state that borders North Carolina may 
continue to obtain a North Carolina certification through 
rooiprooity legal recognition if they continue to meet the 
recertification requirements in the state in which they are 
certified. Persons who were previously certified in North 
Carolina and are currently certified in another state or with 
the National Registry of Emergency Medical Technicians, 
must present evidence of f)ertinent r e fr e sh e r — training 
continuing education and skill evaluation prior to becoming 
certified through rociprocit)'. legal recognition. 

(d) To become recertified as an Ambulance Attendant a 
person must successfully complete either of the following 
options: 

OPTION I 
(1) A phyoioal e xamination p e rform e d by a phyoi 
oian dooumenting th e ability to function as an 
Ambulanoo Attond aatj- A continuing education 
program consisting of a minimum of 48 hours 
during each two year period of the person's four 
year certification period taught or coordinated by 
a Oualified EMT Instructor. The continuing 
education program must meet the requirements 



(2) 



^ 



set forth in the "Guidelines for Initial Education. 
Refipesher Education. Continuing Education and 
Performance Evaluation of Emergency Medical 
Services Basic Life Support Personnel" dated 
February 1994 and incorf>orated herein by 
reference; 

Aa — Ambulan ee — Attendan t — r e fresher training 
progmm, approved by the Office of Emorgonoy 
Medical Sor^'iooo, following guidolinoe oatab 
lioh e d by th e Commisoion; A basic life su pport 
skill evaluation(s') a pproved by the Office of 
Emergency Medical Services conducted under 
the direction of a Oualified EMT Instructor 
assessing the ability to perform the skills of an 
Ambulance Attendant; or 
A basic life support practical examination ad - 



ministefed by the Office of Emofgency Medical 
S e rvio es ; or 
OPTION n 

(1) A physical examination performed by a phyai 
cian documenting th e ability' to function aa an 
Ambulanc e Att e nd aatt A continuing education 
program consisting of a minimum of 96 hours 
during the person's four year certification pe- 
riod. The continuing education program must 
meet the requirements set forth in the "Guide- 
lines for Initial Education. Refresher Education. 
Continuing Education and Performance Evalua- 
tion of Emergency Medical Services Basic Life 
Su pport Personnel" dated February 1994 and 
incorporated herein by reference; 

(2) A continuing education program taught of ooor 
dinatod by an approved EMT Instructor, follow 
ing guid e lin e o e stablish e d by th e Commisoion; 
aed A basic life supfwrt practical examination 
administered by the Office of Emergency Medi- 
cal Services; or 

(3) A basic life support okill e valuation(s) oonduoted 

und e r th e dir e ction of th e approv e d EMT In 
gtwotor asaoooing tho ability to perform the skill s 
of an Ambulance Attendant, approv e d by the 
Offic e of Em e rg e ncy M e dical S e n i 'io e o, follow 
ing guid e lin e s e stablish e d by th e Commisoion. 
OPTION m 

(1) An approved Ambulance Attendant refresher 
course consisting of a minimum of 48 hours 
during the person's last year of certification. 
This refresher course must meet the "Guidelines 
for Initial Education. Refresher Education. 
Continuing Education and Performance Evalua- 
tion of Emergency Medical Services Basic Life 
Su pport Personnel" dated February 1994 and 
incorporated herein by reference; 

(2) A basic life su pfKJrt practical examination ad- 
ministered by the Office of Emergency Medical 
Services; and 

(3) After September 30. 19%. an Ambulance Atten- 



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October 16, 1995 



1239 



PROPOSED RULES 



dant written examination or an oral examination. 
at the option of the a pplicant, administered by 
the Office of Emergency Medical Services. 

Statutory Authority G.S. 131E-159(a); 1984 S.L., c. 1034. 

.1302 CERTIFICATION REQUIREMENTS: 

EMERGENCY MEDICAL TECHNICIAN 

(a) To become certified as an Emergency Medical 
Technician, a person shall meet the following criteria: 

(1) Be at least 18 years of age; 

(3) PasB a phyaiool oxamination porformod by — a 

physician documenting tho ability to function as 
an Emorgonoy Modioal T e ohnioian; 

(2) #) Successfully complete, within one year prior 
to application, an Emergency Medical Techni- 
cian training courao approved by the Office of 
Emorgonoy Modioal S e rvioeo, following guid e 
linoo e otabliohod by th e Commiooio Br program 
meeting the requirements of the "North Carolina 
Emergency Medical Technician Curriculum 
Outline" dated February 1994 and incorporated 
herein by reference. When training was com- 
pleted over one year prior to application, a 
person must submit evidence of completion of 
pertinent rofr e oh e r training continuing education 
in emergency medicine taken in the past year for 
approval by the Office of Emergency Medical 
Services; 

(3) f4) Pass a basic life support practical examina- 
tion administered by the Office of Emergency 
Medical Services; and 

(4) f5) Pass an Emergency Medical Technician 
written examination administered by the Office 
of Emergency Medical Services. 

(b) Persons holding current certification equivalent to an 
Emergency Medical Technician with the National Registry 
of Emergency Medical Technicians or in another state where 
the training and certification requirements have been 
approved for reciprocity legal recognition by the Office of 
Emergency Medical Services may become certified by: 

(1) Presenting evidence of such certification for 
verification by the Office of Emergency Medical 
Services; and 

(2) Be at least 18 years of age, ago; and 

(5) Paso a phyoiool e xamination p e rformed by a 

physician docum e nting tho ability' to function ao 
on Emergency Medical Technician. 

(c) Certification obtained through reciprocity legal 
recognition shall be valid for a period not to exceed the 
length of the current certification or a period not to exceed 
four years whichever is shorter. No certification shall be 
valid for a period exceeding four years. Persons who live 
in a state that borders North Carolina and are currently 
affiliated with an ambulance provider in North Carolina may 
continue to obtain a North Carolina certification through 
rooiprooit)' legal recognition if they continue to meet the 



recertification requirements in the state in which they reside. 
Persons who live in North Carolina and are currently 
certified in another state that borders North Carolina may 
continue to obtain a North Carolina certification through 
reciprocity legal recognition if they continue to meet the 
recertification requirements in the state in which they are 
certified. Persons who were previously certified in North 
Carolina and are currently certified in another state or with 
the National Registry of Emergency Medical Technicians, 
must present evidence of f>ertinent r e fr e oh e r — training 
continuing education and skill evaluation prior to becoming 
certified through rociprocit)'. legal recognition. 

(d) To become recertified as an Emergency Medical 
Technician a person must successfully complete either of the 
following options: 

OPTION I 

(1) A physical examination performed by a physi 
oian docum e nting th e ability' to function oa an 
Emerg e ncy M e dical Teohnioian; A continuing 
education program consisting of a minimum of 
48 hours during each two year period of the 
person's four year certification period taught or 
coordinated by a Qualified EMT Instructor. The 
continuing education program must meet the 
requirements set forth in the "Guidelines for 
Initial Education. Refresher Education. Continu- 
ing Education and Performance Evaluation of 
Emergency Medical Services Basic Life Su pp>ort 
Personnel" dated February 1994 and incorpo- 
rated herein by reference; 

(2) An Emerg e ncy M e dical T e ohnioian rofroohor 
training prognmi approved by tho Office of 
Emergency Medical Serviooe, following guide 
lin e o e otabliohod by th e Commiooi eat A basic 
life support skill evaluation(s) approved by the 
Office of Emergency Medical Services con- 
ducted under the direction of a Qualified EMT 
Instructor assessing the ability to perform the 
skills of an Emergency Medical Technician; or 

{¥i A basic life support practical oxamination ad 

ministered by tho Office of Emergency Medical 
Servio e o; or 
OPTION U 

(1) A physical oxamination performed by a phyai 
cian documenting the ability to function as an 
Emorgenoy Modioal T e ohnioian; A continuing 
education program consisting of a minimum of 
96 hours during the person's four year certifica- 
tion period. The continuing education program 
must meet the requirements set forth in the 
"Guidelines for Initial Education. Refresher 
Education. Continuing Education and Perfor- 
mance Evaluation of Emergency Medical Ser- 
vices Basic Life Su pport Personnel" dated 
February 1994 and incorporated herein by 
reference: 

(2) A continuing education program taught or ooof 



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PROPOSED RULES 



diflg tod by on approved EMT Inotmotof , follow 
ing guidolinoo e otablioh e d by th e Commiooi ear 
aad A basic life su pf>ort practical examination 
administered by the Office of Emergency Medi- 
cal Services: or 

(^ A baoio life oupport okill ovaluation(o) oonduoted 

under the dir e otion of th e approved EMT In 
stmctof Qoooooing tho ability to perform tho okillo 
of on Emergency Medical Tochnioian, approved 
by tho Office of Em e rg e ncy M e dioal Sorviooo, 
following guidelin e o e otabliohed by th e Commio 

OPTION m 

(1) An a pproved Emergency Medical Technician 
refresher course consisting of a minimum of 48 
hours during the person's last year of certifica- 
tion. This refresher course must meet the 
"Guidelines for Initial Education. Refresher 
Education. Continuing Education and Perfor- 
mance Evaluation of Emergency Medical Ser- 
vices Basic Life Su pport Personnel " dated 
February 1994 and incorporated herein by 
reference; 

(T) A basic life su pf)ort practical examination ad- 
ministered by the Office of Emergency Medical 
Services: and 

(3) After September 30. 1996. an Emergency Medi- 
cal Technician written examination administered 
by the Office of Emergency Medical Services. 

Statutory Authority G.S. 131E-159(b); 1984 S.L., c. 1034. 

SECTION .1400 - ADMINISTRATION 

.1401 LICENSE, PERMIT OR CERTIFICATION 
DENIAL, SUSPENSION, AMENDMENT OR 
REVOCATION 

(a) The Offic e of Em e rg e ncy M e dioal S e r^'io e o Depart- 
ment may deny, suspend, or revoke the permit of as 
ambulance aopvioo or of a sjjecific vehicle for any of the 
following reasons: 

(1) Failure to substantially comply with the require- 
ments of Section .0900 of this Subchapter; 

(2) Obtaining a permit through fraud or misrepre- 
sentation; or 

(3) Failure to provide emergency medical care to 
the defined ambulance service area in a timely 
and professional manner. 

(b) The Department may issue a temporary permit for a 
specific vehicle whenever the Department finds that: 

£1} the ambulance provider to which that vehicle is 
assigned has substantially failed to comply with 
the provisions of G.S. 131E. Article 7 and the 
rules adopted under that article: and 

(2) there is a reasonable probability that the ambu- 
lance provider can remedy the permit deficien- 
cies within a reasonable length of time: and 



(3) there is a reasonable probability that the ambu- 
lance provider will be able thereafter to remain 
in compliance with the rules regarding ambu- 
lance permits for the foreseeable future. 

(c) The Department shall give the ambulance provider 
written notice of ^ temporary ambulance permit. This 
notice shall be given personally or by certified mail and 
shall set forth: 

£JQ the length of Ae temporary ambulance p>ermit 
not to exceed 60 days: 

(2) a copy of the ambulance inspection form: 

(3) the statutes or rules alleged to be violated: and 

(4) notice to the ambulance provider's rig ht to a 
contested case hearing on the temporary ambu- 
lance permit. 

(d) The temp>orarv ambulance permit shall be effective 
immediately upon its receipt by the ambulance provider. 
The temporary ambulance f>ermit shall remain in effect 
until: 

(1) the Department restores the vehicle to full 
permitted status: or 

(2) the Department revokes the vehicle's ambulance 
permit. 

(^ {el The Office of Emorgoncy Medical Sofvieofl 
Def)artment may deny, susp>end, or revoke the certification 
of a field technician for any of the following reasons: 
(1) Failure to comply with the applicable perfor- 
mance and certification requirements as found in 
Section .0 8 00 Sections .1200 and .1300 of this 
Subchapter; 

Obtaining or attenqjting to obtain certification or 
recertification through fraud or misrepresenta- 
tion; 

Aiding a person in obtaining or attempting to 
obtain certification or recertification through 
fraud or misrepresentation; 
Failure to competently perform the skills or 
procedures enumerated in Section .I'lOO .1200 
of this Subchapter; 

Performance of a skill or procedure which is not 
within the scope and responsibility of the certifi- 
cate holder; 

Performance of a skill or procedure that is 
detrimental to the health and safety of a patient; 
Any felony conviction; 

A misdemeanor conviction of the use, posses- 
sion, or distribution of illegal drugs within the 
past five years; or 

Conviction of driving while impaired within the 
past five years. 

(f) The Department shall deny any a pplication for an 
Ambulance Provider Dcense upon becoming aware that the 
applicant is not in substantial compliance with G.S. 131E. 
Article 2 and the rules adopted under that article. 

(g) The Department may amend any Ambulance Provider 
License by reducing it from a ftill license to a provisional 
license whenever the Department finds that: 



(2) 



(3) 



(4) 



(5) 



(6) 

(7) 
(8) 



(9) 



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(1) the licensee has substantially failed to comply 
with the provisions of G.S. 131E. Article 7 and 
the rules adopted under that article; and 

(2) there is a reasonable probability that the licensee 
can remedy the licensure deficiencies within a 
reasonable length of time: and 

(3) there is a reasonable probability that the licensee 
will be able thereafter to remain in compliance 
with the licensure rules for the foreseeable 
future. 

(h) The Department shall give the licensee written notice 
of the amendment to the Ambulance Provider License. This 
notice shall be given personally or b^; certified mail and 
shall set forth: 

(1) the length of the provisional Ambulance Pro- 
vider License: 

(2) the factual allegations: 

(3) the statutes or rules alleged to be violated; and 

(4) notice to the ambulance provider's right to a 
contested case hearing on the amendment of the 
Ambulance Provider License. 

(i} The provisional Ambulance Provider License shall be 
effective immediately upon its receipt by the licensee and 
shall be posted in a prominent location at the primary 
business location of the ambulance provider, accessible to 
public view, in lieu of the full license. The provisional 
license shall remain in effect until: 

(1) the Department restores the licensee to full 
licensure status; or 

(2) the Department revokes the licensee's license. 
(i) The Department may revoke or suspend an Ambulance 

Provider License whenever: 

(1) the Department Fmds that: 

(A) the licensee has substantially failed to comply 
with the provisions of G.S. 131E. Article 7 
and the rules adopted under that article: and 

(E) it is not reasonably probable that the licensee 
can remedy the hcensure deficiencies within a 
reasonable length of time; or 

(2) the De partment finds that: 

(A) the licensee has substantially failed to comply 
with the provisions of G.S. 131E. Article 2 
and the rules adopted under that article: and 

(B} although the licensee may be able to remedy 
the deficiencies within a reasonable period of 
time, it is not reasonably probable that the 
licensee will be able to remain in compliance 
with hcensure rules for the foreseeable future; 
or 

(3) the Department fmds that there has been any 
failure to comply with the provision of G.S. 
131E. Article 7 and the rules adopted under that 
article that endanger the health, safety or welfare 
of the patients cared for and transported by the 
licensee. 

flc) The issuance of a provisional Ambulance Provider 
License is not a procedural prerequisite to the revocation or 



suspension of a license pursuant to Paragraph (ii of this 
Rule. 

Statutory Authority G.S. 131E-155.1; 131E-156; 
131E-157(a); 131E-159(b). 

.1402 PROCEDURES FOR DENIAL, SUSPENSION, 
AMENDMENT, OR REVOCATION 

Denial, suspension, amendment or revocation of a license. 
permit or certification shall follow the rul e o law regarding 
contested cases found in G.S. 150B. 

Statutory Authority G.S. 131E-157(a); 131E-159(b). 

J403 APPLICATION PROCEDURES, REQUIRED 
FORMS 

(a) All applications for licensure, pormita, certification, 
or recertification must be filed with the Office of Emer- 
gency Medical Services on the appropriate forms. 

(b) At a minimum, the following forms are required for 
application: 

(1) Certification Application Form for certification 

of personnel: and 

f3^ Modioal Certification Fofms 

(3^ EMT — Rocortificntion — Continuing — Education 

V e rifiotttion Form; and 

^4) Air Ambulano e Report FoF «r 

£2) Ambulance Provider License A pplication Form 

for issuance of licenses. 

(c) EMS providers shall complete all forms, surveys, and 
requests for data, as required by the Office of Emergency 
Medical Services. 



Statutory Authority G. S. 
131E-159(b). 



131E-155.1; 131E-157(a); 



SECTION .1500 - AMBULANCE PROVIDER 
LICENSING REQUIREMENTS 

.1501 LICENSING REQUIREMENTS: AMBULANCE 
PROVIDER 

(a) To become licensed as an ambulance provider, a 
person, firm, corporation, or association shall meet the 
following criteria: 

(1) Demonstrate the intent and ability to operate an 
"ambulance" as defined in G.S. 131E-155: 

(2) Present evidence of the intent to app ly for a 
permit for all ambulances which will be in 
service as required by G.S. 131E-156: 

(3) Submit a written plan detailing how the provider 
will assure that adequate certified personnel are 
available to respond to all calls as required by 
G.S. 131E-158; 

£4} Where there is a franchise ordinance in effect 
which covers the proposed service area, have a 
current franchise to operate or present written 
evidence of intent to issue a franchise from the 



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PROPOSED RULES 



franchisor: and 
(5) Present written documentation of a standard 
operating procedure for the systematic and 
periodic inspection, repair and maintenance of 
permitted ambulances. 

(b) An Ambulance Provider License may be renewed by 
presenting documentation that the provider meets the criteria 
found in Paragraph (a) of this Rule. 

(c) A pplications for Ambulance Provider License must be 
received by the Office of Emergency Medical Services at 
least 30 days prior to the date that the provider proposes to 
initiate service. A pplications for renewal of an Ambulance 
IVovider License must be received by the Office of Emer- 
gency Medical Services at least 30 days prior to the expira- 
tion date of the current license. 

(d) As of the effective date of this Rule, ambulance 
providers currently operating in North Carolina with 
ambulances permitted by the Department may continue to 
operate without an ambulance provider license until such 
time as the permitted vehicles are due for annual inspection 
by the Department. At that time, a representative of the 
Department will assist the provider in completing the proper 
forms to obtain an ambulance provider license. 

Statutory Authority G.S. 131E-155.1. 

.1502 ISSUANCE OF LICENSE 

(a) Only one license shall be issued to each ambulance 
provider. The Department shall issue a license to the 
ambulance provider following verification of compliance 
with a pplicable laws and rules. 

W) Licenses are not transferable. 

(c) The license shall be posted in a prominent location 
accessible to public view at the primary business location 
of the ambulance provider. 

Statutory Authority G.S. 131E-155.1. 

.1503 LENGTH OF LICENSURE 

Ambulance Provider Licenses shall remain in effect up to 
six years, unless any of the following occurs: 

(1) the Department imposes an administrative sanction 
which specifies license expiration: 

(2) closure of the ambulance provider: 

(3) chang e of ownership of the ambulance provider: 
or 

(4) substantial failure to comply with Rule .1501(a) of 
this Section. 

Statutory Authority G.S. 131E-155.1. 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the Division of Facility Services intends 
to adopt rules cited as 10 NCAC 3R .0111, .0215. .0904, 
.1125 - .1127, .2012 - .2014, .2410 - .2412, .2510 - .2572, 



.2612 - .2613, .2810, .3909; amend 3R .0110, .0213 - 
.0214, .0303 - .0305, .0317, .1214, .1216. .1413 - .1414. 
.1613 - .1615. .1713 - .1714, .1912 - .1914, .1916, .2002, 
.2402, .2502, .2802, .2806, .3103, .3204, .3401, .3502. 
.3902 - .3903, .4002 - .4007. .4012, .4102 - .4105. .4202, 
.4204; repeal 3R .0109, .1003. .1113. .1115 - .1120, 
.1124, .1218 -.1219, .1302, .1304 - .1309, .1418 - .1419, 
.1618 -.1619, .1719 -.1720. .1917- .1918. .2004 - .2008, 
.2117, .2120, .2319 - .2320, .2404 - .2409. .2503 - .2509, 
.2603, .2605, .2607 - .2610, .2718 - .2719. .2803 - .2805, 
.2807, .2809, .3 107 -.3 108, .3206 - .3207, .3306, .3406 - 
.3407, .3503, .3506 -.3507, .3606 - .3607, .3706 - .3707. 
.3806 - .3807, .3904, .3907 - .3908, .4008, .4010 - .4011, 
.4106 - .4107, and .4206 - .4207. 

Proposed Effective Date: January 1, 1996. 

A Public Hearing will be conducted at 2:00 p.m. on 
November 2, 1995 at the Division of Facility Services. 
Council Building, Public Hearing Room 201, 701 Barbour 
Drive. Raleigh. NC 27626-0530. 

Reason for Proposed Action: To eliminate rules that have 
become obsolete or duplicate existing statutes and rules, to 
reduce a large number of rules into a more organized 
manner, and to amend and streamline existing rules that the 
public must address in certificate of need applications. 

Comment Procedures: Any interested person may present 
comments by oral presentation or by submitting a written 
statement. Persons wishing to make oral presentations 
should contact Mr. Jackie Sheppard, APA Coordinator, 
DFS, P.O. Box 29530. Raleigh. NC 27626-0530, telephone 
number (919) 733-2342. Please submit your written 
comments to Mr. Jackie Sheppard at the above address no 
later than November 15, 1995. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3R - CERTDTCATE OF NEED 
REGULATIONS 

SECTION .0100 -GENERAL INFORMATION 

.0109 NAME AND ADDRESS OF AGENCY 

Th e ttg e noy ia th e C e rtifioote of Need S e ction in th e 
DiviBion of Facilit)' Sorvico s , North Carolina Doportmont of 
Human Roaourooa. — The addrooB of the agonoy i s 701 
Barbour Driv e , Raleigh, North Carolina, 27603. — ¥be 
t e l e phon e numb e r of th e ag e ncy is 919 733 6360. 

Statutory Authority G.S. 13 IE- 177. 

.0110 DEFINITIONS 



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PROPOSED RULES 



(a) The definitions «sed in G.S. 131E-176 shall apply to 
all the rules of this Subchapter. 

(h) "Home health agency office", as that phrase is used 
in G.S. 131E-176(9b) and G.S. 131E-176(16)o. means any 
site that a home health agency markets or advertises in the 
yellow or white pages of ^y telephone directory, in any 
directory of home health agencies, any inventory of home 
health services, any promotional material, any agency 
letterhead, or any other documents distributed to the public: 
or, any site where a home health agency does any one or 
more of the following activities: 

(1) receives cUent referrals in person, by telephone. 
or by any other means of communication: 

(2) dispatches staff to serve home health patients; 

(3) maintains or stores client service records or 
patient medical records; 

(c) "In use", as that phrase is used in G.S. 
131E-176n6)s. means frequent, re gular, periodic, or 
recurrent use and not occasional, sporadic, isolated, or 
incidental use. 

Statutory Authority G.S. 131E-177. 

.0111 LOCATION OF THE AGENCY 

The agency is the Certificate of Need Section in the 
Envision of Facility Services. North Carolina Department of 
Human Resources. The location of the agency is 701 
Barbour Drive. Raleigh. North Carolina. 27603. The 
mailing address of the agency is PO Box 29530. Raleigh. 
North CaroUna. 27626-0530. The telephone number of the 
agency is 919-733-6360. 

Statutory Authority G.S. 131E-177. 

SECTION .0200 - EXEMPTIONS 

.0213 HEALTH MAINTENANCE ORGANIZATIONS 

(ft) — G.S. 13 IE 1 8 provid & o when a h e alth oar e faoilit)' 
that io oontroUod, directly or indir a otly, by a hoolth mointe 
nonco organization or a combination of health nmintonanc« - 
organizations must obtain a oortifioato of nood. — G.S. 
13 IE 180 furth e r provid e s that ouoh a h e alth ooro faoilit)' io 
exempt from obtaining a o e rtifioate of nood if it appli e e for 
and rocoivoe from tho agoncy on oxomption. — Tho agency 
shall grant an exemption if the health core facility filoa an 
applioation for e xemption in aooordano e with this Rule and 
if the agenoy finds that th e health oar e facility is a qualifi e d 
applicant as defined in G.S. 13 IE 180(b). 

{b) — Tho application for oxomption shall bo given on tho 
form "Applioation for H e alth Mointenono e Organization 
Ex e mption. " Thio form may b e obtain e d by oontaoting th e 
agoncy at tho oddrooa and telephone numbof stated in Rule 
.0109 of this Subchapter. 

(e) — Th e applioation must b e compl e ted and delivered to 
tho agenoy before tho health oare faoilit)' offoro or devolopo 
tho now institutional hoolth sorvico. — The application i s not 
filed in accordanco with this Rule until it is doomod com 



plotod. 

(4) — Th e ag e noy shall promptly aoknowlodg e in writing 
r e c e ipt of th e applioation. — The applioation shall bo doomod 
oomploto unlooo tho agoncy, within oovon days afte r foooipt, 
mails a letter to the applicant which statoa that tho applioa 
tion v i 'ao iiK>oniplete and V i 'hioh ty e oifi e o what information is 
neooooar)' to mak e it complet e . — As soon ao the roquootod 
information is delivered to the agency, tho applioation shall 
bo doomod oomploto and filed in aooordanco with thio Rule. 

( e ) Within 30 days after reooipt of the oompl e tod applioa 
tion, th e ag e noy will determin e if tho applioant qualifies for 
an exemption. — If tho agency dotonninec tho applicant 
qualifioa for an oxomption ho may offof and develop tho 
n e w institutional h e alth o e r . 'io e . — If th e applicant dooo not 
quali^', th e p e rson ohall not off e r th e n e w inotitutional 
health ooF r 'ioo unles s a oortifioato of nood is obtained. — M-tt 
cortificato of nood io roquirod, tho application and roviow 
under thio Rule ohall b e d ee m e d ao oompliano e with Rule 
.0303 of this Subchapt e r. 

(f) Any affected person, as defined in G.S. 13 IE 1 88 (o), 
may obtain a oontostod caao hearing on a docioion of tho 
agoDoy under thii) Rul e by following th e prooodureo s e t forth 
in Sootion .O'lOO of thio Subchapter. 

(a) Applications for an exemption under N.C.G.S. 
131E-180 will be reviewed pursuant to the review schedule 
in 10 NCAC 3R .3020 that is a pplicable for the new 
institutional health service for which the inpatient health 
service facility is requesting the exemption. 

(b) An appUcant proposing to request an exemption under 
G.S. 131E-180 shall complete the certificate of need 
a ppUcation form for the new institutional health service for 
which the exemption is requested and the supplemental form 
for a health maintenance organization exemption. 

(c) A pplications for an exemption shall be filed and 
reviewed in accordance with 10 NCAC 3R .0305 - .0309. 

(d) The Agency shall determine whether the applicant for 
the exemption is a qualified applicant and whether the 
application 

for exemption demonstrates that the proposed new institu- 
tional health service: 

(1) is required to meet the needs of what the 
Agency determines to be a reasonably projected 
membership of the HMO: and 

(2) is a cost-effective alternative to providing the 
service to the projected membership of the 
HMO. 

(e) If the Agency decision is to not grant the exemption, 
the applicant shall not develop or offer the new institutional 
health service without first obtaining a certificate of need. 

(li If a decision is made that a certificate of need is 
required, the review for the certificate of need shall be 
conducted in the same review period as for the exemption- 
Agency shall determine if the application conforms with the 
applicable review criteria of G.S. 131E-183(a) and (b). The 
Agency shall determine which plans, standards and criteria 
are a pplicable to the review of the proposal. If the proposal 
is not consistent with all applicable criteria in G.S. 



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PROPOSED RULES 



131E-183(a). the Agency may a pprove or conditionally 
a pprove the proposal for a certificate of need if it conforms 
with Ae criteria set forth in G.S. 131E-180(e¥i)-(ii) and 
G.S. 131E-183(aK10). 

Statutory Authority G.S. 13 IE- 177; 13 IE- 180. 

.0214 REPLACEMENT EQUIPMENT 

(a) The purpose of this Rule is to define the terms used 
in the definition of "replacement equipment" set forth in 
G.S. 131E-176(22a). 

(b) "Activities essential to acquiring and making opera- 
tional the replacement equipment" means those activities 
which are indispensable and requisite, absent which the 
replacement equipment could not be acquired or made 
operational. 

(c) "Comparable medical equipment" means equipment 
which is functionally similar and which is used for the same 
diagnostic or treatment purposes. 

(d) Replacement equipment is comparable to the equip- 
ment being replaced if: 

(1) it has the same basic technology as the equip- 
ment currently in use, although it may possess 
expanded capabilities due to technological im- 
provements; and 

(2) it is functionally similar and is used for the same 
diagnostic or treatment purposes as the equip- 
ment currently in use and is not used to provide 
a new health service; and 

(3) the acquisition of the equipment does not result 
in more than a 10% increase in patient charges 
or per procedure operating expenses within the 
first twelve months after the replacement equip- 
ment is acquired; and 

(4) it will be located on the same site or campus as 
the equipment currently in use. 

(e) Replacement equipment is not comparable to the 
equipment being replaced if: 

(1) the replacement equipment is new or recondi- 
tioned, the existing equipment was purchased 
second-hand, and the replacement equipment is 
purchased less than three years after the acquisi- 
tion of the existing equipment; or 

(2) the replacement equipment is new, the existing 
equipment was reconditioned when purchased, 
and the replacement equipment is purchased less 
than three years after the acquisition of the 
existing equipment; or 

(3) the replacement equipment is permanently fixed 
equipment and the existing equipment is one 
piece of mobile equipment which k could be 
shared between two or more facilitioa. facilities; 
or 

{4} the replacement equipment is capable of per- 
forming procedures that could result in the 
provision of a new health service or type of 
procedure that has not been provided with the 



existing equipment: or 
(5) the replacement equipment is purchased and the 
existing equipment is leased, unless the lease is 
a capital lease. 

Statutory Authority G.S. 13 IE- 177(1). 

.0215 PSYCHIATRIC BED CONVERSIONS 

If psychiatric beds are established pursuant to N.C.G.S. 
131E-184(^c). those beds shall remain psychiatric beds only 
as long as the contract required in G.S. 131E-184(c') 
remains in effect. If that contract is terminated, then the 
facility shall: 

(1) obtain a certificate of need to convert the psychiat- 
ric beds back to acute care beds prior to termina- 
tion of the contract, or 

(2) terminate the provision of psychiatric services in 
the beds. 

Statutory Authority G.S. 131E-177; 131E-180. 

SECTION .0300 - APPLICATION AND REVIEW 
PROCESS 

.0303 LETTER OF INTENT 

(a) Potential applicants arc urged to contact the agency as 
soon as possible after determining the scope or possible 
scope of the project. The purpose of such discussions is to 
determine on a preliminary basis whether a certificate of 
need is required, which review schedule or schedules might 
be applicable, and to address any other questions that may 
arise. 

(b) An applicant must shall file a letter of intent with the 
agency no later than the date the application is required to 
be submitted to the agency in Rule .0305 of this Section. A 
conference with the agency may be substituted for the letter 
of intent. The conference may be held at the agency or by 
telephone. 

(c) The letter of intent or conference shall describe the: 
(1) project; 

(3) annual opwmting costs, if a now hoolth Bor\'ioo is 

propoo e d; 
(2} (3) estimated total capital cost of the project; and 
(3) f4) proposed filing date of the application. 

(d) If more than six months have passed since the filing 
of the letter of intent or the conference and an application 
has not been filed with the agency, a new letter of intent 
must be filed or another conference must be held before an 
application or applications are filed. 

Statutory Authority G.S. 131E-177. 

.0304 DETERMINATION OF REVIEW 

(a) After receipt of a letter of intent, the agency shall 
determine whether the proposed project requires a certificate 
of need. 

(b) When any of the equipment listed in G.S. 



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PROPOSED RULES 



131E-176(16)(fl) or {p} is acquired in parts or piecemeal 
fashion, the acquisition is determined to require a certificate 
of need on the date that the components are assembled. 

(c) (b)If i44s the agency dotormino d determines that the 
project requires a certificate of need, the agency will shall 
determine the appropriate review category or categories for 
the proposed project, the type or types of application forms 
to be submitted, the number of separate applications to be 
submitted, the appUcable review period for each application, 
and the deadline date for submitting each application. 

(d) (e>Copies of the application forms may be obtained 
from the agency. 

(e) (4)Proposals requiring review wtH shall be reviewed 
according to the categories and schedule set forth in the duly 
adopted State Medical Facilities Plan in effect at the time 
the scheduled review f>eriod commences. 

(D ^Applications are competitive if they, in whole or in 
part, are for the same or similar services and the agency 
determines that the approval of one or more of the applica- 
tions may result in the denial of another application re- 
viewed in the same review period. 

Statutory Authorm G.S. 13 IE- 177. 

.0305 FILING APPLICATIONS 

(a) An application shall not be reviewed by the agency 
until unless it is filed in accordance with this Rule. 

(b) An original and a one duplicate copy of the applica- 
tion shall be fccoivod by filed with the agency bj; no later 
than P^ 6:00 p.m. on the last working day prior to 15 
days before the first day of the scheduled review p>eriod. 
An application shall be deemed to have been timelv filed if: 

(1) the application is actuallv received by the agency 
on or before the filing deadline: 

(2) the application is placed into the custody of an 
overnight express carrier on or before the dead- 
line: or 

(3) the application is mailed by first class mail and 
is postmarked by no later than 12:00 midnight 
on the day of the filing deadline. 

An appUcation shall not be included in a scheduled review 
if it is not r e o e iv s d by th e ag e ncy by this deadlin e , timelv 
filed, except as provided in Paragraph (i). of this Rule. 

(c) Each applicant shall transmit, with the application, a 
fee to be determined according to the following formula: 

(1) With each application prof>osing the addition of 
a sixth bed to an existing or approved five bed 
intermediate care facility for the mentally re- 
tarded, the profxjnent shall transmit a fee in the 
amount of two thousand dollars ($2,000). 

(2) With each application, other than those refer- 
enced in Subparagraph ((^)(1) Subparagraph 
((c)(1) of this Rule, proposing no capital expen- 
diture or a capital expenditure of up to, but not 
including, one million dollars ($1,000,000), the 
prof>onent shall transmit a fee in the amount of 
three thousand five hundred dollars ($3,500). 



(3) With each application, other than those refer- 
enced in Subparagraph — (b)(1) Subparagraph 
(c)(1) of this Rule, proposing a capital expendi- 
ture of one million dollars ($1,000,000) or 
greater, the proponent shall transmit a fee in the 
amoumt of three thousand five himdred dollars 
($3,500), plus an additional fee equal to .003 of 
the amount of the proposed capital expenditure 
in excess of one million dollars ($1,000, (XX)). 
The additional fee shall be rounded to the near- 
est whole dollar. In no case shall the total fee 
exceed seventeen thousand five hundred dollars 
($17,500). 

(d) fe^After an application is filed, the agency shall 
determine whether it is complete for review. An application 
shall not be oonaidofod complete for review if: 

( 1 ) the a pplicant requisite foo has not boon rocoi' i 'od 
by the agonoy has not submitted the requisite 
fee; ef 

(2) the a pplicant has not submitted one et signed 
original and one duplicate copy of the have not 
boon pubmittod to th e ag e ncy on th e appropriate 
applioation form, application: or 

(3) the applicant has not used the application form 
specified by the agency. 

(e) (d)If the agency determines the application is not 
complete for review, it shall mail notice of such determina- 
tion to the applicant within five business days after the 
application is filed received by the agency and shall specify 
what is necessary to complete the application. If th e ageno)' 
dotormineo th e applioation io oompl e te, it oholl mail notioo 
of such dotormination to the apphcant prior to tho boginning 
of the applicable review pwriod. 

(f) ( e )Information Material requested by the agency to 
complete the application must bo r e o e is' e d by shall be filed 
with the agency by no later than ^■iQ^ 6:00 p.m. on the last 
working day before the first day of the scheduled review 
period. The material shall be deemed to have been timely 
filed if: 

(1) the material is actually received by the agency 
on or before the filing deadline; 

(2) the material is placed into the custody of an 
overnight express carrier on or before the dead- 
line; or 

(3) the material is mailed by first class mail and is 
postmarked by no later than 12:00 midnight on 
the day of the filing deadline. 

Tho review of an application shall oommonco in tho noxt 
applioablo roviow period that oommoncoa after tho applioa 
tion hao boon dotorminod to b e oompl e t e . 

(g) (#)If an application is withdrawn by the applicant 
before the first day of the applicable review period, the 
application fee, if paid, shall be refunded to the applicant. 

(h) Upon the written request of an applicant, the agency 
may extend the deadline in Paragraphs .0305(b) and (e) of 
this Rule for 48 hours if the applicant's failure to meet the 
deadline was due to an^ of the following: 



1246 



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10:14 



PROPOSED RULES 



m 

£21 



£41 



£51 



severe or inclement weather: 
highway accidents causing traffic congestion and 
travel delay; 

computer or word-processing malfunctions 
resulting in corruption and loss of data or inabil- 
ity to print data: 

the death or serious illness of an applicant, 
application preparer, or any person in the imme- 
diate family of an a pplicant or application pre- 
parer: or 

any other intervening or unforeseeable factor 
beyond the control of the applicant. 
(i) The applicant shall submit its written request to the 
agency within 48 hours of the missed deadline and shall 
document the circumstances contributing to the applicant's 
failure to meet the deadline. The agency shall mail notice 
of its determination to the applicant within five days of 
receipt of the request. 

Statutory Authority G.S. 131E-177; 131E-182; 1993 S.L. c. 
383. 

.0317 WITHDRAWAL OF A CERTIFICATE 

(a^ — A oortificato of nood may bo withdrawn for the 
rooQono sot forth in G.S. 13 IE 1 8 9. Before a oortifioato of 
nood io witbdrovMi tho ag e ncy diall follow tbo prooodur e o o e t 
forth in thio Rul e . 

(b) At any time after tho date on which tho oertifioato of 
nood is ioouod tho agency may commonoo a p f ooooding to 
withdraw a o e rtifioato of n ee d. — In d e t e rmining whether to 
inotitute a withdmv ^ 'al prooooding, th e ag e ncy may oonoid e r 
tbo progrooo roporta and any othof infonnation which it hao 
roooivod of obtained. 

(a) (e)Before the agency initiatea a withdrawal prooood 
iagy withdraws a certificate of need, pursuant to G.S. 
131E-189. it shall send out a notioo to tho holdor of tho 
oortifioato providing an opportunity for the holder to 
domonotrate that: give the holder an o pportunity to demon- 
strate that: 

(1) it the holder is making a good faith effort to 
meet the timetable specified by the agency; 

(2) it the holder is developing or operating the 
service in a manner consistent with the represen- 
tations made in the application or with any 
condition or conditions the Department has 
placed on the certificate of need; and 

(3) the holder has not no transf e r of transferred 
ownership or control of the facility has boon 
made prior to the completion of the project or 
lio e nour e operation of the facility project without 
s p e oifio the prior written D e partm e nt approval. 
approval of the Department. Tho agency shall 
consider a transfer of owner s hip or control to 
hav e occurr e d if: 

(A) — there io a chang e in th e ro e mb e rohip of the 
firm, aosooiation or partnorohip to whom the 
oortificato was iaouod, involving tbo aoquisition 



of a 25 percent or greater ohoro in tho fiF »7 
aooooiation or partn e rahip by oomeono who did 
not pr e viously own a 25 p e rcent or greater 
share; ot 
(B) tv > 'onty five po f oont of more of tho otook of the 
oorpomtion to whom th e c e rtificate wao ioouod 
io acquir e d by som e on e who did not proviouoly 
own 25 fwroent of mofo of tho stock. 
(d) The holder of tho oortifioato shall have 15 days to 
roqwnd to th e notic e and provide information ao to why the 
o e rtifioat e should not bo withdrawn. 

(o) Tbo agency i^all review tho information provided by 
tbo holdor, of look thofoof, and ahall moke a detennination 
as to wh e th e r to withdraw th e o e rtifioate. 

(f) — Th e hold e r of tho oertifioate should b e inform e d in 
writing within 4 5 daya from the date of tho notice of the 
agency's decision fogarding tho withdrawal. 

(g) — A d e cision to withdraw a o e rtifioate imm e diately 
r e vok e s th e right of th e bolder of the c e rtificate to continu e 
tho development o f operation of the faeility oxo(yt undof 
conditions approved by the Department. 

(h) A decision to not withdraw a certificate on any given 
ooooflion do e s not pr e clude tho right of th e ag e ncy to initiat e 
procoodings to withdraw that certificate at a latof dato 
providing the agency follows tbo proooduros outlined in this 

Rttier 

(b) Ownership of a certificate is transferred when any 
person acquires a certificate from the holder by purchase, 
donation, lease, trade, or any comparable arrangement, even 
if the person who acquires the certificate is an owner, parent 
entity, subsidiary, or affiliate of the holder. 

(cl Control is transferred when any person acquires a 
majority interest in the facility, project or holder or any 
parent entity of the facility, project or holder. 

(d) "Parent entity" means any person, other than an 
individual, that controls, directly or indirectly, the facility, 
project or holder of a certificate. 

fi) — In dir e ot r e spons e to th e 19 8 7 Omnibus Budg e t 
R e conciliation Act's r e plac e m e nt of th e terms "okiH ed 
nursing facility'" — and — "intormodiato care facility" with 
"nursing facilit)'" for use by Modioaid oortifiod nursing 
facilitieo, th e CON S e ction will not withdraw a c e rtificate of 
n e ed if th e hold e r of th e o e rtifioate develops or op e rates a 
nursing facility without designating its nursing facility beds 
as either skillod nursing facility bods and/or intermediate 
cor e facility b e ds. — In all oth e r r e op e ots, th e hold e r of th e 
oertifioate shall d e v e lop and op e rat e th e faoilit)' in material 
compliance with roprooontations made in the CON applioa 
tion and any conditions plaood on the certificate by tho 
Depart mont. 

Statutory Authority G.S. 131E-177; 131E-189. 

SECTION .0900 - ENFORCEMENT AND 
SANCTIONS 

.0904 ASSESSMENT OF CIVIL PENALTY 



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1247 



PROPOSED RULES 



(a) In determining the amount of a penalty assessed for a 
violation in accordance with G.S. 131E-190(f). the Agency 
may consider, but is not limited to. the following factors in 
evaluating the degree and extent of harm and the cost of 
rectifying the damage caused by the violation: 

(1) the amount of revenues derived as a conse- 
quence of offering the service; and 

(2) the amount of the unauthorized capital expendi- 
ture; and 

(3) the amount expended in excess of 1 15 percent of 
the approved capital expenditure of a certificate 
of need; and 

(4) the person's record of compliance with the 
Certificate of Need Law and with the terms and 
conditions of any other certificate of need issued 
to that person; and 

(5) the degree of completion of the project; and 

(6) the number of patients served as a consequence 
of the violation; and 

(7) the number of procedures performed or treat- 
ments offered as a consequence of the violation; 
and 

(8) the number of days a service is offered as a 
consequence of the violation; and 

(9) whether the violation duplicates an existing or 
approved health service capability or facility; 
and 

(10) whether the conduct violated any judicial or 

administrative order, injunction, decree, or 

decision; and 
(in whether the person impeded or attempted to 

obstruct the Department's investigation of the 

current violation; and 

(12) whether the development ceased prior to the 
offering of a new institutional health service; 
and 

(13) whether the person voluntarily terminated the 
project prior to the Department's investigation of 
the violation; and 

(14) whether the person voluntarily and truthfully 
cooperated with the Department's investigation 
of the violation. 

(b) Payment of the penalty shall be due within 60 days 
from the date of notification of the penalty. 

Statutory Authority G.S. 13 IE- 177(1); 131E-190(f). 

SECTION .1000 - SPECIAL CRITEIUA AND 
STANDARDS: IN GENERAL 

1003 STATE MEDICAL FACILITIES PLAN 

(ft^ — Tho North Carolina State Modical Facilitio a Plan 
oontmna the following information -i- 

(4^ inv e ntor)' of c e rtain oatogorieo of inpati e nt and 

outpati e nt h e alth oor e faoiliti e o, inoluding num 
bor of bodo and utilization of bods; 
(3) t)'po of sorviooQ provided by oach oatogor)' of 



health oore facility ■ 

(3^ proj e otiono of nood for aoute oor e hoopitalo 

(inoluding rehabilitation oer>'iooo), — long term 
oofo faoilitieo (including nursing homoo, homo 
health agonciee, and boepioo inpatient faoilitio a ), 
m e ntal h e alth faoilitieo and e nd otago ronal 
dialyoio o e rvio e o for various g e ographioal areas - 
of the state; 

(4) statement of pwlicioo related to acute oore facili 

tiesi — rehabilitation — oors'iooo, — long term core, 
psyohiatric — faciliti e s, — ch e mical — dependency 
facilities, and facilitioo fo? intormodiato oaro for 
the mentally r otardod, which aro used with othef 
criteria contain e d in this Subchapter and in CS- 
DIE 1 8 3 and n ee d proj e ctions to determ iB» 
whether applications proposing additional beds 
and sorvioofl of these typos may be approved 
und e r th e c e rtificate of nood program; and 

(5) the c e rtifioate of nood revi e w sch e dul e and 

description of review categories. 
(b) The annually published State Modical Facilities Plan 
approv e d by th e Governor, and any duly adopted amend 
m e nta or additions ther e to, is hereby adopt e d by roforonco 
pHiTBUont to G.S. 150B 1 4 (c) as u rule for the calendar yottf 
during which it is in offoot. 

(e) — Thi s plan may b e purchaoed from th e Division of 
Facility S e rvic e s, — 704 — Barbour Driv e , Raleigh, — North 
Carolina. — This plan is also available for inspection at the 
Division of Facility Sorvicos. 

Statutory Authority G.S. 13 IE- 176(25); 131E-177(1); 
131E-183(1); 42 U.S.C. 300K-2. 

SECTION .1100 - CRTTEIUA AND STANDARDS 
FOR NURSING FACILITY SERVICES 

.1113 DEFINITIONS 

Th e defmitions in this Rul e will apply to all rules in this 
S e ction: 

^ A nursing facility means a health care facility as 

defined in G. S. 13 IE 101(6). The facility ron 
d e ring nursing s e r i 'io e o must: 

(a) hav e a physician, a r e gister e d nurs e or a modical 

staff rooponsiblo for the execution of policies; 

(b^ maintain clinical records on all patients; 

(c) provid e 2A hour nursing service, via r e gist e r e d 

nurs e and lio e nsod practical nurs e s, to the pa 
tionts who require nursing care; 

(d) employ at least one registered nurse full time; 

fe) maintain a utilization r e vi e w plan. 

(3) "Brain injury extended care" — is d e fined as a 

multi discipline mointenaneo program for patients 
who have incurrod brain damage cauood by oxter 
nal physical trauma and who hav e oomploto d-a 
primary course of rehabilitativ e treatment and 
have reached a point of no gain or progress for 
more than throe consecutive month s . — Sep i 'ioea ore 



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10:14 



PROPOSED RULES 



provided through a modically supcfviood IntofdiB 
oiplimu^' prooooo and or e direoted toward r e otoring 



aorvioeo roquifed by law can be p r ovided. 
(b) Propoflalo must d e lin e ate a e rvio e o to b e off e rad and 



(3)- 



tho individual to th e optimal l e v e l of phyoioal, provid e anourano e that ooordination will e xiot betw'oen the 
cognitive and behavioral functionia gr 
"Ventilator dependent caro" naoons a health oon i 'ioo 
00 defined in 10 NCAC 3H. 



Statutory Authority G.S. 13 IE- 177(1). 

.1115 CAPACITY IN THE FACILITY AND IN THE 
HEALTH SERVICE AREA 



proponent and other health care pfovider e in the ae r vice 

(e) — A proposal to e otablioh a d e monDtration special cor e 
unit shall not b e approv e d unl e es all ourrent lic e nsure 
stondoi ' ds have been mot in aooofdanoe with G.S. 13 IE, 
Aftiole 6 , Part A. and the facility' has not operated on u 
Provisional Lic e ns e or had its odmiooiono suop e nd e d within 
1 8 months of th e submittal of th e proposal. 



(ft) — Proposals filed by or on behalf of nur s ing faoilitiea (d) A proposal to establi s h a demonstration special oare 



imit must delineate all sorviooa to bo offered for each 
designated category of pati e nt propos e d to b e s e rv e d in the 
sp e cial car e unit. 



must bo consistent with the North Carolina S tnto Medical 
Faciliti e s Plan. 

(b) — A proposal to provid e n e w or e xpand e d nursing 
facUi^ soivioos must s pecif)' tho number s of nursing facility 

beds to bo oporatod following the completion of tho pro Statutory Authority G.S. 131E-177(1). 
posed proj e ct. 

(c) A proposal to provide new nursing faoilit)' b e do shall 



not bo approved unless the average oocupanoy, over the nine 



. 1 1 17 PROJECTED UTILIZATION/OCCUPANCY 

(a) — A proposal to provide new or expanded nursing 



months immediately preceding the submittal of tho proposal, facility' s orvice s must project an oocupanoy level fo r the 



of th e number of fimctional nursing facility b e do within th e 
facility in which th e n e w b a de ar e to b e op e rated is at l e aot 
90 percent. 

(d) — A proposal to convert existing licensed domiciliary 
b e ds to nursing facility beds must demonstrate that th e 
propon e nt hao adequately plann e d for th e r e location or 
displaoomont of existing domiciliaiy roaidonts. — Additionally facility sorvices shall not bo approved unle e s occupancy is 



entire faoilit)' for e ach of th e firot e ight cal e ndar quart e ro 
following th e compl e tion of th e proposed project. — AU 
ttsaumptiona, including tho lyooific methodologies by which 
occupancies and case mix ore projected, must be clearly 
stated. 
^ — A proposal to provide new or e xpand e d nursing 



such relocation or di i ylaoomont must not result in excessive 
additional coots or unr e oconabl e hardship to ourrent domicil 
iar>' r e oidento who ar e displac e d or r e locat e d and that 
adequate rooourco e either exist or oro being developed 
within the applicants* service area to meet the needs of the 
displac e d r e sidents. 



projected to bo at least 90 percent for the total number of 
nursing facility' b e ds proposed to be operated, no later than 
tv ^ 'o years following the completion of th e propoood project. 
Fufthormoro a proposal to provide now or expanded nursing 
facility aoi s 'ice s via a net bod addition to the facility's total 
nursing facility' bod oajxioit)' shall not b e approved unless 



(e) — Proposals fil e d by or on behalf of faciliti e s for occupancy is proj e cted to be at l e ast 90 p e rc e nt for th e total 



demonstration special care units must be conBistent with 
demonstration special care bed need projections and policies 
in the North Carolina State M e dical Faoiliti e a Plan. 

(4) — A proposal to ootablish a demonstration sp e cial cor e 
imit shall not be approved if approval of tho proposal will 
result in any reduction of tho existing supply of nursing 
faoilit)' b e ds in the s e rvic e ar e a. 

(g) A proposal to e stablish a d e monstration op e oial care 
unit must domonstroto that the addition of tho unit shall not 
result in a diminishing of sorviooa or unroosonablo hardship 
to ourr e nt nursing facility pati e nts and/or domiciliary 
residents. 

Statutory Authority G.S. 131E-177(1). 

.1116 SCOPE OF SERVICES OFFERED 

(a) — Proposals involving tho opening of now nursing 

facilities or tho conversion of e xi s ting non nursing facility automobile driving time (one way) from the facility, with 

beds for th e provision of nursing car e servioea ohall not b e th e e xception that this standard may b e waiv e d for facilities, 

approv e d unl e ss all ourr e nt licensure otandardo have been such ao fraternal or r e ligiouo facilities, facihti eo that ar e part 

mot in accordanoe with G.S. Chapter 131E, Article 6, Part of re s idential rotiromont center s , — which make services 

A: — Documentation must bo preoontod to indicate that all available to largo or geogmphically diverse populations. 



number of nursing facility bods proposed to bo opomtod, no 
later than two year s following the completion of the pro 
pos e d proj e cts. — All aooumptiono, including th e s p e oifio 
methodologies by which oooupanci e o and cas e mix ar e 
projected, must bo clearly stoted. 

Statutory Authority G.S. 131E-177(1). 

.1118 PROJECTED PATIENT ORIGIN 

(ft) — A proposal to p r ovide now or expanded nu r sing 
faoilit)' oer^'iooo must proj e ct pati e nt origin by p e rc e ntag e by 
oounty of resid e nc e . All assumptiono, including th e sp e oifio 
methodology' by which patient origin is projected, must be 
clearly stated. 

(b) — A propo s al to provid e n e w or e xpand e d nursing 
facility s e rvic e s must show that at least 8 5 p e rc e nt of th e 
anticipated patient papulation lives within 4 5 minute s 



10:14 



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1249 



PROPOSED RULES 



Statutory Authority G.S. 13 IE- 177(1). 

.1119 SITE: BUILDING: AND EQUIPMENT 

{ti) — A proposal to pfovido now of oxpondod nufsing 
facility ooivioofl must spocif^' the aito on which tho 9 or\'ico s 
are to bo opwmt e d. — If ouoh oito io n e ith e r own e d by nor 
under option to tho proponont, th e proponent muat provid e 
a written oommitmont to diligently pursue acquiring the s ite 
if and when oortificate of need approvals ore granted, must 
spooif)' a oeoondar^' cite on which tho oorviooo could b e 
operat e d should acquisition efforta relativ e to th e priDJor)' 
site ultimately fail, and must demonstrate that the primar>' 
and socondoT)' sites ore available for acquisition. 

fb) — A propooal to provid e n e w or expanded nuroiag 
facility' sop i 'ioeo must cl e arly d e monotrato that oonoid e ration 
has been given to factors that may delay o r prevent the 
development or offering of sor i 'ioos on tho proposed site. 

(e^ — A proposal to provid e n e w or e xpanded nursing 
facility' sorvio e o must provide docum e ntation to show that 
the sor i 'icefl will be offered in a physical environment that 
conforms to tho requirements of federal, state, and local 
regulatory bodies. 

Statutory Authority G.S. 131E-177(1). 

.1120 STAFFING 

(ft^ — A proposal to provide n e w or e xpanded nursing 
facility' sorN'icos must provide documentation to show that 
the appropriate numbers and t>'pos of staff, particularly 
medical and nursing staff, will be availabl e to support the 



requirements for the faoilit)' and cleofly stating tho admis 
sions r e quir e m e nts for th e following payor catogorioo: 

(4-) private pay, 

(3) modicaid boneficiarie e , 

(3^ medicare bonoficiofiee, 

f4^ uninsur e d indigent pati e nts, 

{^ underinsured indigent patients, and 

(6) fully insured patients. 

(d) Tho applicant shall provide a written description of 
th e billing proc e dures, — including the credit — coll e ction 
polioi e c. that will b e utilized by tho facility. 

(e) Tho applicant shall provide assuronooo that rooidonts 
of North Carolina shall be given priority for admission to 
th e d e monstration sp> e oial cor e uni tr 

{() — Th e applicant shall provid e documentation that tho 
facility will match or exceed the average fwroont of patients 
in tho combined catogorioQ of Modicoro and Medicaid 
provid e d by th e e xisting and approv e d nursing faoilitioo in 
th e proposed sep i 'ioe area with the exception that this 
standard may bo waived for a proposal to establish a 
demonstration sj>ocial core unit provided that ! 

(4^ docum e ntation is submitted as e vidence that tho 

demonstration 3p> e cial core imit shall bo aoooooi 
bio to ptoroona in each of tho payor catogoriee 
deecribod in Rule .1121(c) of this Section; and 

(3) docum e ntation is submitted that juotifioo tho 

differ e nc e in th e payor mix for tho domonotra 
tion special care unit from the payor mix in 
existing and approved nursing facilities in tho 
proposed servic e ar e a. 



(b) — ;\n applicant projxising to eotabliah a demonstration 
s pecial care unit s hall document that all ataffmg require 
m e nts as stated in 10 NCAC 3H will b e m e t for th e provi 
sion of sor i 'io e s to p e rsons who r e quir e : 

fl^ brain injury extended care, 

(3) ventilator dependent core, or 

(3) oth e r sp e cializ e d typ e s of cor e . 

(c) Th e appUoont ahall not bo approv e d unlooo documonta 
tion is provided showing the availability' and proximity of 
credontialod onoillar)' and support staff to the proposed 
d e monstration sp e cial cor e unit. 

Statutory Authority G.S. 131E-177(1). 

.1124 ACCESSIBILITY TO SERVICES 

(ft3 — A proposal to provid e n e w or e xp>and e d nursing 
facility' bods or a demonstration sfKscial care unit shall 
provide asauranco that the facility will bo oortifiod for 
M e dicaid and M e dicar e r e imburs e m e nt upon compl e tion of 
th e project. 

(b) The apphcant shall provide documentation describing 
tho mechanism that ■ * ill be uaod to insuro that tho projected 
numb e r of m e dically underser . ' e d will b e sen . 'ed in tho 
facility'. 

(e) — Tho applicant shall provide a copy of tho written 
admissions policies idontify'ing any prepayment or deposit 



Statutory Authority G.S. 13 IE- 177(1). 

. 1 125 INFORMATION REQUIRED OF APPLICANT 

(a) An applicant proposing to establish new nursing 
faciUtv beds shall project an occupancy level for the entire 
faciUty for each of the first eight calendar quarters following 
the completion of the proposed project. All assumptions, 
including the sp>ecific methodologies by which occupancies 
are projected, shall be clearly stated. 

(b) An applicant proposing to establish new facility beds 
shall project patient origin by percentage by county of 
residence. All assumptions, including the specific methodol- 
ogy by which patient origin is projected, shall be clearly 
stated. 

(c) An applicant proposing to establish new nursing 
facility beds shall show that at least 85 percent of the 
anticipated patient population in the entire facility lives 
within 45 minutes normal automobile driving time (one-way) 
from the facility, with the exception that this standard may 
be waived for facilities that are located in isolated or remote 
locations, fraternal or religious facilities, or facilities that 
are part of licensed continuing care facilities which make 
services available to large or geographically diverse popula- 
tions. 

(d) An applicant proposing to establish new nursing 
facility beds shall specify the site on which the facility will 



1250 



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PROPOSED RULES 



be located. If such site is neither owned by nor under 
option to the applicant, the a pplicant shall provide a written 
commitment to diligently pursue acquiring the site if and 
when certificate of need a pprovals are granted. The 
a pplicant shall specify at least one alternate site on which 
the services could be of>erated should acquisition efforts 
relative to the primary site ultimately fail, and shall demon- 
strate that the primary and alternate sites are available for 
acquisition. 

(e) An applicant proposing to establish new nursing 
facility beds shall document that the primary site and 
alternate sites are suitable for development of a nursing 
facility with regard to water, sewage disposal, site develop- 
ment and zoning including the required procedures for 
obtaining zoning changes and a special use permit after a 
certificate of need is obtained. 

(f) An applicant proposing to establish new nursing 
facility beds shall provide documentation to demonstrate that 
the physical plant will conform with all requirements as 
stated in 10 NCAC 3H. 

Statutory Authority G.S. 131E-177(1); 13 IE- 183. 

.1126 REQUIRED PERFORMANCE STANDARDS 

(a) An applicant proposing to add nursing facility beds to 
an existing facility shall not be a pproved unless the average 
occupancy, over the nine months immediately preceding the 
submittal of the a pplication, of the total number of licensed 
nursing facility beds within the facility in which the new 
beds are to be operated was at least 90 pereent. 

(h) An a pplicant proposing to establish a new nursing 
facility or add nursing facility beds to an existing facility 
shall not be a pproved unless occupancy is projected to be at 
least 90 pereent for the total number of nursing facility beds 
proposed to be operated, no later than two years following 
the completion of the proposed project. All assumptions, 
including the specific methodologies by which occupancies 
are projected, shall be clearly stated. 

Statutory Authority G.S. 13 IE- 177(1); 131E-183. 

.1127 REQUIRED STAFFING AND STAFF 
TRAINING 

An applicant proposing to add nursing facility beds to an 
existing facility shall document how dl staffing requirements 
as stated in 10 NCAC 3H or 10 NCAC 3C will be met for 
the provision of all proposed services. 

Statutory Authority G.S. 131E-177(1); 131E-183. 

SECTION .1200 - CRITERIA AND STANDARDS 
FOR INTENSIVE CARE SERVICES 

.1214 INFORMATION REQUIRED OF APPLICANT 

(a) An applicant that proposes new or expanded intensive 
care services shall use the Acute Care Facility/Medical 
Equipment application form. 



(b) An applicant proposing new or expanded intensive 
care services shall also submit the following additional 
Information: 

(1) the number of intensive care beds currently 
operated by the applicant and the number of 
intensive care beds to be op)erated following 
completion of the proposed project; 

(2) documentation of the applicant's exi>erience in 
treating patients at the facility during the past 
twelve months, Including: 

(A) the number of inpatient days of care provided 
to Intensive care patients; 

(B) the number of patients initially treated at the 
facility and referred to other facilities for 
Intensive care services; and 

(C) the number of patients initially treated at other 
facilities and referred to the applicant's facility 
for intensive care services. 

(3) the number of patients from the proposed service 
area who are projected to require intensive care 
services by the patients' county of residence in 
each of the first 12 quarters of operation, includ- 
ing all assumptions and methodologies; 

(4) the projected number of patients to be served 
and inpatient days of care to be provided by 
county of residence by specialized type of inten- 
sive care for each of the first twelve calendar 
quarters following completion of the pro]x>sed 
project, including all assumptions and methodol- 
ogies; 

(5) data from actual referral sources or correspwu- 
dence from the proposed referral sources docu- 
menting their intent to refer patients to the 
applicant's facility; 

(6) documentation which demonstrates the appli- 
cant's capability to communicate effectively with 
emergency transportation agencies; 

(7) documentation of written policies and procedures 
regarding the provision of care within the inten- 
sive care unit, which includes, but is not limited 
to the following: 

(A) the admission and discharge of patients; 

(B) infection control: control; and 

(C) safety procedures; and 

(D) scope of services. 

(8) documentation that the proposed service shall be 
operated In an area organized as a physically and 
ftinctionally distinct entity, separate from the rest 
of the facility, with controlled access; 

(9) documentation to show that the services shall be 
offered in a physical environment that conforms 
to the requirements of federal, state, and local 
regulatory bodies; 

(10) a detailed floor plan of the proposed area drawn 
to scale; and 

(11) documentation of a means for observation by 
unit staff of all patients In the imit from at least 



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1251 



PROPOSED RULES 



one vantage point. 
Statutory Authority G.S. 131E-177(1); 131E-183. 

.1216 REQUIRED SUPPORT SERVICES 

(a) An applicant profxjsing new or additional intensive 
care services shall document the extent to which the follow- 
ing items are available: 

(1) twenty-four hour on-call laboratory services 
including microsf)ecimen chemistry techniques 
and blood gas determinations; 

(2) twenty-four hour on-call radiology services, 
including portable radiological equipment; 

(3) twenty-four hour blood bank services; 

(4) twenty-four hour on-call pharmacy services; 

(5) twenty-four hour on-call coverage by respiratory 
therapy; 

(6) oxygen and air and suction capability; 

(7) electronic oordiovoooulor physiological monitor- 
ing capability; 

(8) mechanical ventilatory assistance equipment 
including airways, manual breathing bag and 
ventilator/respirator; 

(9) endotracheal intubation capability; 

(10) cardiac pacemaker insertion capability; 

(11) cardiac arrest management plan; 

(12) patient weighing device for bed patients; and 

(13) isolation capability. 

(b) If any item in Subparagraphs (a)(1) - (13) of this Rule 
will not be available, the applicant shall document the 
reason why the item is not needed for the provision of the 
proposed services. 

Statutory Authority G.S. 131E-177(1); 131E-183. 

.1218 ACCESSIBILITY 

(a) Tho applicant shall provide documontation dofloribing 
the m e ohaniom that will b e uo e d to inaur e that the proj e cted 
numb e r of m e dically und e ro e r i 'od will b e s e rv e d in th e 
facilit)^ 

(b) Tho applicant ahall provide written admisoiono polioioo 
id e ntif)'ing any pr e paym e nt or d e pooit requir e m e nts for th e 
facilit)' and op e oifically s tating th e admiooion roquirom e nto 
for patients in each of tho following payor oatogorioo! 

{4^ Modioare; 



(3)- 



M e diotiid; 



(3^ Blu e Crooo and Blu e Shi e ld; 

f4) Commoroial Insuranoo; 

iSj State Employooe Health Plan; 

(4) Self Pay (inolud e o s e lf pay, indig e nt and ohorit)' 

cor e ); and 
f?) Other as ident i fied by tho applicant. 

(c) Tho applicant shall provide a written do a cription of tho 
billing prooedureo. — including th e cr e dit and coll e ction 
polici e s that will b e utiliz e d by th e facility. 

(d) Tho applicant s hall document that the mombors of the 
health care community in tho service area, including the 



Deportmonto of Social SoF i 'iooe and Health, have boon 
invit e d to comment on th e propoood project, particularly 
with — r e gard — to th e — faoilit)''B — r e f e rral — moohani sms — aa4 
odmiBoions polioioo for tho medically undoroofS'od. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.1219 DATA REPORTING REQUIREMENTS 

Tho faoilitj i ' shall agree to provide, upon tho foquoot of the 
Division of Faoilit)' S e r i 'iooo, tho following tj'poo of data 
and informat i on, — in aooordono e — with data format and 
reporting roquifoments — formulated by tho Division of 
Facility Sors'ioo s ! 

fl^ demographic data on pati e nts treated; 

(3) financial data; and 



m- 



clinicol data. 



Statutory Authority G.S. 13 IE- 177(1); 131E-183(b). 

SECTION .1300 - CRITERIA AND STANDARDS 
FOR OBSTETRIC SERVICES 

.1302 DEFINrriONS 

Tho doflnitiono in this Rule will apply to all rules in thi s 
Section! 

(4^ "Normal obstetric sep i 'looa" moans thos e routine 

serviooG provided by an acute core hospital to tho 
mother and fetus during pregnancy, labor, and 
delivery and to tho mother after delivery. 

(3) "High risk obototrio sor i 'ioes" moons thos e speoiol 

iz e d s e r . 'io e s by an acute core hospital to the 
mother and fetiis during pregnancy, labor, and 
deliver^' and to tho mother after deliver)'. — fte 
s e n'ic e s or e choract e rizod by sp e cializ e d facilities 
and staff for th e intensiv e cor e and manag e m e nt of 
high risk maternal and fetal patients before and 
during dolivory. 

(3) "Obst e tric oor^'iooo" moans any of th e s e rviooo 

defined in this Rule. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.1304 CAPACITY IN THE FACILrrY AND IN THE 
HEALTH SERVICE AREA 

(a) — Proposals filed by or on bohalf of hospital facilities 
for obstetric s e rvic e s must b e consistent with th e applioablo 
North Carolina Stat e M e dical Faciliti es Plan, with th e 
applioablo North Carolina State Health Plan (the one in 
effect at time of Fmal agency decision), — and with tho 
applicabl e h e alth systoms plan. 

fb) — Proposals involving n e w or e xpand e d obstetric bods 
must Bp>ocify' the numbers of ob s tetric core bods to bo 
operated following tho completion of the proposed project. 

fe^ — A proposal involving a not increas e in obst e tric b e d 
capacity shall not b e approv e d unl e ss th e ov e rall av e rage 
annual occujxuicy, over tho 12 months immediately prooed 
ing tho submission of tho proposal, of tho totJil number of 



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PROPOSED RULES 



fiinotional oxioting obototric boda in the facility' in which the 
propoood bodo aro to be op e rat e d io at leaot 60 p e rc e nt for 
alio bod unit, 65 poro e nt for an 1 1 30 bod unit, 70 
porcont for a 21 30 bod unit, and 75 poroont for a unit of 31 
bods or mora. 

Statutory Authority G.S. 13 IE- 177(1); 13 IE- 183(b). 

.1305 SCOPE OF SERVICES OFFERED 

(a) — A propoool to provid e n e w or e xpand e d normal 
obototric oor^'ic e o muot document th e e xt e nt to which th e 
following will bo available. — If any item is not available, 
thon aubstontivo information must bo given obviating the 
nood for that item befor e approval for a new o e rvio e can b e 
giv e n: 

(i^ prenatal oaro for uncomplicated maternity oasoa 

and thoQO with minor oomplioation s ! 

(3) identifi e d ooporate faoiliti e o for obototrioo; 

^3) oompetenoo to manag e tmoomplioat e d labor and 

dolivof)' of the normal term newborn; 

(4) capabilitioQ for oontinuoua oloctronio fotal moni 

toring; 

(#) a continuing e ducation program on n e onatal 

foouflcitation to produce oompotonoo among all 
dolivoi^' room por s onnol in the immediate ovolu 
ation and roouocitation of th e n e wborn and at a 
minimum on the use of the following: 
(A) — roouocitation tray, 
(^ — umbilical oathotor tray, 
(€) — medication kit, 
(©) — suction, 

(E) — poaitivo proooure bag and mask, 
^ — endotracheal tuboe and adaptors, 
(G^ — a functional infant loryngoooop e , 
(H^ — oK)'gon and comprooood air with mixing valveo 
and adequate radiant thermal support. 

(6) UDCompUcated neonatal care of infants of appro 

priate g e stational w e ight who ar e th e products of 
a normal t e rm pr e gnancy and who do not r e 
quire other than emergency resuscitation; 

f?) a dofmod routine of transitional atabilization, 

e xamination, imm e diate car e , and Burv e illano e of 
all n e wborns; 

(8) a nursery able to provide supportive care for 

infants tranoferred back from neonatal intensive 
and int e rm e diat e oar e unite after th e ir acute 
problems have boon rooolved; 

{9) management of unexpected complications that 

arise oo suddenly during labor and delivery and 
imm e diat e ly aft e r d e liv e ry and ar e of ouch 
o e verit)' that transfer is impoooibl e . — S e rvic e s and 
facilitioo for omorgoncios shall include: 
(A) — cooaroan section capability within 30 minu tes 

at any hour; 
(B) — blood available on a 2^ hour basis; 
(G) — aneotheoia oorvioo on oqII on a 24 hour basis; 
(©) — radiology sop i 'ico on call on a 2 4 hour basis. 



including capability to perform portable bosio 
radiologic otudioo in th e nuro e r>'; 
(E) clinical laboratory se rs'io e on call on a 2^ hour 
basis, with capability to perform otudieo neoos 
s ar)' to basic newborn earo (i.e., blood glu 
0000, hematocrit, e l e otrolytoo, calcium, and 
blood gao and acid bas e analys e s); 
{¥) — capability to initiato intmvenous thempy in the 
now bom. 

fiO) uncomplicated pootpartum cor e , including post 

partum rooovor>' and oboorvation area for moth 
ors and newborns; 

fl4^ management of unexpected postpartum compli ea- 

tiono. — Faciliti e s muot includ e : 
(A) — isolation facilities for moth e r and n e wborn; 
(B) — blood available on a 2 4 hour basis; 
(€) — capability' for baotoriologic diagnosis; 
(B) — capabilit)' for clinical laboratory s e rvic e s for 

n e wborns listed in (a)(9)(E) of this Rule; 
(E) — capability' for x my diagnosis for mothef and 
newborn. 

fi^ data oolleotion for e valuation of function and 

p e rformono e , locally and r e gionally. 
(b) — A proposal to provide new or expanded high risk 
obstetric sorvicos must moot the requiromenta stated in (a) 
of thi s Rule as w e ll as docum e nt th e extent to which th e 
following will b e available. If any it e m is not available thon 
substantive information muot bo given obviating the nood for 
that item before approval for the sor^'ico can bo given: 

(4^ a distinct, id e ntifiable area for th e provision of 

high risk obstetric oen i 'icoo; 

(3) compotonco to manage labof and delivery of 

promature newborn and othof maternal, modical 
and obst e tric high riok conditions; 

^3) avoilabilit)' of n e onatal cor e for low birth w e ight 

newborns and newborns with other complica 

(4) cesarean s e ction capabilit)' within 20 minut e s -ttt 

any hour [sup e rc e d e s (a)(9)(A) of this Rule]; 

(5) capability' for antenatal fetal monitoring, includ 

iegt 
(A) — ch e mical analyoeo of amniotic fluid and mater 

nal hormon e assays, 
(B) — diagno s tic ultrasound, 
{G) — electronic fetal monitoring. 
(6) tw e nty four hour in hous e anesthesia cov e rag e . 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.1306 PROJECTED UTILIZATION/OCCUPANCY 

fa) — Proponents proposing n e w obstetric sen i 'icos must 
perform, or project to perform, at leaot 500 dolivorio s per 
year except that a varianoe from this standard will bo 
allow e d to th e e xt e nt that a substxmtial portion of th e 
population to be son i 'od resid e mor e than '15 minutes 
automobile travel time (one way) from existing inpatient 
obstetric services. 



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1253 



PROPOSED RULES 



(b) — A propoQol to provide now or oxpondod obototrio 
Qon'iooo muot project on ooouponoy l e v e l for th e total 
obototrio oorsfjoo for oaoh of the firot eight oalondor quartero 
following the oomplotion of the propoood projoot. — Aa 
ooouponcy level muat bo projected for the normal obototrio 
oors'ioQ and for the high riok obototrio ooP i 'ioe, if a high riok 
8or . 'io e io to be gvailablB. — All aooumptiono, including th e 
spiocifio niothodologiofl by whioh ooouponoioo ore projected, 
must bo clearly stated. 

(o) A propooal to pros'lde new obotetric o e P i 'io e o ohall not 
bo approved unloso the annual ooouponoy io projected to b e 
50 porcont after one year following the oomplotion of the 
proposed project for the total number of obstetric bods 
propoo e d to bo operat e d. — Qoouponoy io proj e cted to b e 60 
poroont for a 1 10 bod unit, 65 poroont for a 11 20 bod unit, 
70 porcont for a 21 30 bod unit, and 75 porcont for a unit of 
3 1 bods or more aftor Nvo years following the completion of 

the propoood proj e ct. All aooumptiono, — inoluding the 

specific mothodologioo by which ocoupanoi e o are proj e ct e d, 
must bo clearly otatod. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.1307 PROJECTED PATIENT ORIGIN 

{et) — A proposal to provide new or expanded obstetric 
sorviceo muot project jxiti e nt origin by p e rc e ntag e by count)' 

of resid e nc e . iMl aooumptiono, — including the op e cifio 

methodology by which patient origin is projected, must bo 
cloarly stated. 

fb^ — A propooal to provide new or expanded norma t 
obotetrio son . 'io e o muot document that at l e ast 90 p e rc e nt of 
the anticipated patient population is within 4 5 minu tes 
automobile driving time (one way) from the facility'. 

(«) — A propooal to provid e n e w or e xpand e d high riok 
obototrio oer . 'icoo muot docum e nt that at leoot 90 p e rc e nt of 
the anticipated patient population is within 90 minutoo 
automobile driving time (one way) from the facility, with 
the e xc e ption that th e r e may bo a varianc e from th e 90 
poroont standard for inotitutiono with ver^' opooializod lev e ls 
of obstetric caro to a largo and googrophically divorso 
population. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.1308 SITE AND EQUIPMENT 

A profwool to provid e nov . ' or expand e d obot e tric ooP i 'io e g 
muot provid e documentation to ohow that the oers'lc e s will 
bo offered in a physical environment that conforms to the 
requirements of federal, state, and local regulator)' bodies. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.1309 STAFFING 

(a) A prop>ooal to off e r now or expanded obotetric o e r . 'io e o 
muot provid e docum e ntation to ohow that th e appropriat e 
types and numbers of staff, particularly qualified medical 
and nursing staff, will bo available to supfwrt the sop i 'iooo. 



fb) — A proposal to offer now or expanded high ri s k 
obotetrio o e P i io e o muot provid e documentation to show tha t 
ouch o e rviooo will: 

(4^ be ooordinntod by a rogiatorod profeooional nur s e 

who has completed on organized odueational 
program in high riok obotetrio nursings 

(2) b e under th e dir e ction of a phyoioion with train 

ing and exporionoo in high risk obstetrics. 

Statutory Authority G.S. 13 IE- 177(1); 13 IE- 183(b). 

SECTION .1400 - CRITERIA AND STANDARDS 
FOR NEONATAL SERVICES 

.1413 DEFINrriONS 

The definitions in this Rule shall apply to all rules in this 
Section: 

(1) "Approved neonatal service" means a neonatal 
service that was not operational prior to the 
beginning of the review period but that had been 
issued a certificate of need or for which develop- 
ment had been initiated prior to March 18, 1993 
in accordance with 1993 N.C. Sess. Laws c. 7, s. 
12. 

(2) "Existing neonatal service" means a neonatal 
service in operation prior to the beginning of the 
review period. 

(3) "High-risk obstetric patients" means those patients 
requiring specialized services provided by an acute 
care hospital to the mother and fetus during 
pregnancy, labor, delivery and to the mother after 
delivery. The services are characterized by 
specialized facilities and staff for the intensive 
care and management of high-risk maternal and 
fetal patients b e for e and during before, during, 
and after delivery. 

(4) "Level I neonatal service" means those routine 
services provided by an acute care hospital to 
normal full-term and pre-term infants weighing at 
least 2000 grams at birth or infants of any weight 
who are convalescing from Level EI or Level IE 
services. Level I neonatal services include the 
observation, screening, and stabilization of: infants 
following birth who are served in a bassinet; 
infants who are not sick but who require special 
care and frequent feedings; infants who no longer 
require Level n or Level HI neonatal services, but 
who still require more nursing hours than normal 
infants; and infants who require close observation 
in a licensed acute care bed. 

(5) "Level 11 neonatal service" means the jjerformance 
of Level I neonatal services, plus the management 
of high-risk, small, and sick neonates with a 
nxxierate degree of illness that are admitted within 
the hospital or transferred from another facility. 
Level n neonatal services involve the management 
of newborns weighing between approximately 



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PROPOSED RULES 



1,500-2,500 grams (or approximately 32 and less 
than 36 completed weeks of gestational age) that 
are relatively healthy, or involve intermediate care 
services for sick infants who do not require 
intensive care but who do require six to twelve 
nursing hours per day. Level II neonatal services 
are provided in a licensed acute care bed. 

(6) "Level HI neonatal service" means the perfor- 
mance of Level I and Level 11 neonatal services 
plus the management of high-risk newborns 
weighing less than 1 ,500 grams (or approximately 
under 32 weeks of gestational age), which requires 
neonatal expertise. Level III neonates require 
constant nursing care, including but not limited to 
continuous cardiopulmonary and other supportive 
care, care required for neonatal surgery patients 
and other intensive care services. Level HI 
neonatal services are provided in a licensed acute 
care bed. 

(7) "Neonatal intensive care services" is shall have the 
same meaning as defined in G.S. 131E-176(15b). 

(8) "Neonatal service area" means a geographic area 
defined by the applicant from which the patients to 
be admitted to the service will originate. 

(9) "Neonatal services" means any of the Level I, 
Level n or Level III services defined in this Rule. 

(10) "Obstetric services" means any normal or 
high-risk services provided by an acute care 
hospital to the mother and fetus during pregnancy, 
labor, delivery and to the mother after delivery. 

(11) "Perinatal services" means services provided 
during the period shortly before and after birth. 

(12) "Perinatal region" means a geographic area of the 
state as established by the Perinatal Council. A 
copy of the perinatal regions may be obtained 
from the Division of Maternal and Child Health, 
Department of Environment, Health and Natural 
Resources, 1330 St. Mary's Street, Raleigh, NC, 
27605-3248. 

Statutory Authority G.S. 131E-177(1); 131E-183. 

.1414 INFORMATION REQUIRED OF APPLICANT 

(a) An applicant proposing to develop a new neonatal 
service or to add a bed to an existing neonatal service shall 
use the Acute Care Facility/Medical Equipment application 
form. 

(b) The applicant shall provide the following additional 
information: 

(1) the current number of Level I bassinets, Level I 
beds. Level II beds and Level III beds operated 
by the applicant; 

(2) the proposed number of Level I bassinets. Level 
I beds. Level 11 beds and Level HI beds to be 
operated following completion of the proposed 
project; 

(3) evidence of the appUcant's experience in treating 



the following patients at the facility during the 
past twelve months, including: 

(A) the number of obstetrical patients treated at the 
acute care facility; 

(B) the number of neonatal patients treated in 
Level I bassinets. Level I beds. Level 11 beds 
and Level in beds, respectively; 

(C) the number of inpatient days at the facility 
provided to obstetrical patients; 

(D) the number of inpatient days provided in Level 
I beds. Level 11 beds and Level m beds, 
respectively; 

(E) the number of high-risk obstetrical patients 
treated at the applicant's facility and the num- 
ber of high-risk obstetrical patients referred 
from the applicant's facility to other facilities 
or programs; and 

(F) the number of neonatal patients referred to 
other facilities for services, identified by 
required level of neonatal service (i.e. Level I, 
Level n or Level IE); 

(4) the projected number of neonatal patients to be 
served identified by Level I, Level 11 and Level 
HI neonatal services and by county of residence 
for each of the first twelve quarters of operation 
following the completion of the project, includ- 
ing the methodology and assumptions used for 
the projections; 

(5) the projected utilization of the Level I bassinets. 
Level I beds, Level 11 beds and Level III beds, 
respectively, by county of residence for each of 
the first twelve quarters of operation following 
completion of the project, including the method- 
ology and assumptions used for the projections; 

(6) if proposing to provide Level I neonatal ser- 
vices, documentation that at least 90 percent of 
the anticipated patient population is within 4$ 30 
minutes driving time one-way from the facility; 

(7) if projx)sing to provide Level I neonatal ser- 
vices, documentation of a written plan to trans- 
port infants to Level II or Level HI neonatal 
services as the infant's care requires; 

(8) if proposing to provide Level 11 or Level HI 
neonatal services, documentation that at least 90 
percent of the anticipated patient population is 
within 90 minutes driving time one-way from 
the facility, with the exception that there shall be 
a variance from the 90 percent standard for 
facilities which demonstrate that they provide 
very specialized levels of neonatal care to a 
large and geographically diverse population, or 
facilities which demonstrate the availability of 
air ambulance services for neonatal patients; 

(9) evidence that existing and approved neonatal 
services and obstetric services in the applicant's 
perinatal region and in the applicant's defined 
neonatal service area are unable to accommodate 



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1255 



PROPOSED RULES 



the applicant's projected need for additional 
Level n and Level III services; 

(10) documentation of the availability of existing 
obstetric services: . s oi 'i 'iooo and th e identification 
of all obstetrics programs and neonatal services 
which currently serve patients from the appli- 
cant's primary service area; and for those appli- 
cants proposing to establish or expand Level fl 
and in neonatal services, the availability of high 
risk OB services at the site of the a pplicant's 
planned neonatal service. 

(11) an analysis of the prop>osal's impact upon exist- 
ing and approved neonatal services in the same 
perinatal region(s) and those perinatal regions 
adjacent to the jjerinatal region(s) in which the 
ap»pUcant proposes to provide services, including 
but not limited to the prof)osal's effect on the 
utilization of existing neonatal services, except 
when an applicant demonstrates that they provide 
very specialized levels of neonatal care to a 
large and geographically diverse population; 

(12) evidence that the applicant shall have access to 
a transport service with at least the following 
components: 

trained jjersonnel; 

transfMDrt incubator; 

emergency resuscitation equipment; 

oxygen supply, monitoring equipment and the 

means of administration; 

pxjrtable cardiac and temperature monitors; and 

a mechanical ventilator; 

(13) documentation that the new or additional neona- 
tal service shall be coordinated with the existing 
statewide i>erinatal network, including but not 
limited to: 

the Division of Maternal and Child Health of 

the Department of Environment, Health and 

Natural Resources, 

the physicians' statewide neonatal bed locator 

system, 

existing neonatal services, 

existing obstetrical services, 

home health care agencies, 

other hospitals, and 

local Departments of Social Services; 

(14) copies of written jxjlicies which provide for 
parental participation in the care of their infant, 
as the infant's condition permits, in order to 
facilitate family adjustment and continuity of 
care following discharge; and 

(15) copies of written poUcies and procedures regard- 
ing the scof)e and provision of care within the 
neonatal service, including but not limited to the 
following: 

(A) the admission and discharge of patients; 

(B) infection control; 

(C) pertinent safety practices; bsA 



(A) 
(B) 
(C) 
(D) 

(E) 
(F) 



(A) 



(B) 

(C) 
(D) 
(E) 
(F) 
(G) 



(D) the triaging of patients requiring consultations, 
including the transfer of patients to another 
facility 1 facility: and 

(E) the protocol for obtaining emergency physician 
care for a sick infant. 

(c) An applicant prop>osing to provide new or additional 
neonatal services shall provide the following: 

(1) documentation that the proposed service shall be 
operated in an area organized as a physically and 
functionally distinct entity with controlled ac- 
cess; 

(2) documentation to show that the new or addi- 
tional Level I, Level U or Level III neonatal 
services shall be offered in a physical environ- 
ment that conforms to the requirements of 
federal, state, and local regulatory bodies; 

(3) a detailed floor plan of the proposed area drawn 
to scale; 

(4) docimientation of direct or indirect visual obser- 
vation by unit staff of all patients from one or 
more vantage points; and 

(5) documentation that the floor space allocated to 
each bed and bassinet shall accommodate equip- 
ment and personnel to meet anticipated contin- 
gencies. 

Statutory Authority G.S. 131E-177(1); 131E-183. 

.1418 DATA REPORTING REQUIREMENTS 

Th e faoiht)' ohall agreo to provide, upon th e r e quoot of the 
Division of Faoilit)' Ser . 'iooo, the following t>^poo of data 
and information, — in aocordanoo — with data format and 
reporting roquiromonts — formulated by the Divioion of 
Faoilit)' S e r>'ioeo: 

^ d e mographio data on pationto treated; 

(3) finanoial data; and 

(3) clinical data. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.1419 ACCESSIBILITY 

(a) The applicant oholl provid e dooumontation doooribing 
th e m e ohoniom that ohall bo uood to inour e that th e proj e cted 
Dumbor of modioally undorsors'od shoJl bo sorvod in tho unit. 

fb) — Tho applicant shall provide a copy of tho written 
admiooione polici e s id e ntif)'ing any prepaym e nt or d e posit 
r e quir e monto for th e facility and stating tho admissions 
roquiromonts for each of tho following payor oatogorioa: 
(4^ Modicaro; 



m- 



Medicaid; 



^ Blu e Cross and Blu e Shi e ld; 

(4) Commercial Insuronoo; 

(53 State Employoofl Health Plan; 

(4) S e lf Pay (includes self pay, indig e nt and charity 

cor e ); and 

f?) Other as identified by tho applicant. 

(c) The applicant shall provide a written description of the 



1256 



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PROPOSED RULES 



billing proooduroo, inoluding the credit ooUootion polioioo, 

that ohall bo utiliz e d by the faoilit)'. (6) 

(d) Tho qpplioant diaU dooumont that th e momb e ro of th e 
health oaro oommimit)' in the applicant's neonatal oor^'ioo 
afoa, including tho Dopartmonta of Social Sei^'icoo and 
Hottlth, have boon invited to oonun e nt on tho propoo e d (7) 

projoot, particularly with regard to th e faoilit)''o r e f e rral 
mochoni s mfl and odmiaoionB policioe for tho medically 
undoroon i 'od. 

Statutory Authority G.S. 131E-177(1); 13 IE- 183(b). 

SECTION .1600 - CRITERIA AND STANDARDS (8) 

FOR CARDIAC CATHETERIZATION EQUIPMENT 
AND CARDIAC ANGIOPLASTY EQUIPMENT 

.1613 DEFTNiriONS 

The following definitions shall apply to all rules in this 
Section: 

(1) "Approved" means the equipment was not in 
operation prior to the beginning of the review 
period and had been issued a certificate of need or 
had been acquired prior to March 18, 1993 in 
accordance with 1993 N.C. Sess. Laws c. 7, s. (9) 
12. 

(2) "Capacity" of an item of cardiac catheterization 
equipment or cardiac angioplasty equipment means 
1270 diagnostic- equivalent procedures per year. 
One therapeutic cardiac catheterization procedure 
is valued at 1.67 diagnostic- equivalent proce- 
dures. One cardiac catheterization procedure (10) 
performed on a patient age 4^ H or under is 
valued at two diagnostic-equivalent procedures. 

All other procedures are valued at one diagnos- 
tic-equivalent procedure. 

(3) "Cardiac angioplasty equipment" is shall have the 
same meaning as defined in G.S. 131E-176(2e). 

(4) "Cardiac catheterization" means a diagnostic or 
therapeutic procedure or an e l e otrophyoiology 
proooduro performed using cardiac catheterization 
equipment or cardiac angioplasty equipment in a 
cardiac catheterization room, whereby a flexible 
tube is inserted into the patient's body and ad- 
vanced into the heart chambers to perform a 
hemodynamic or angiographic examination or 
therapeutic intervention of the left or right heart (11) 
chamber, or coronary arteries. A cardiac cathe- 
terization procedure does not include a simple 

right heart catheterization for monitoring purposes 
as might be done in an electrophysiology labora- 
tory, pulmonary angiography procedure, cardiac 
pacing through a right electrode catheter, tempo- 
rary pacemaker inoortion insertion, or procedures 
performed in dedicated angiography or electro- (12) 
physiology rooms. 

(5) "Cardiac catheterization equipment" is shall have 
the same meaning as defined in G.S. 



131E-176(20. 

"Cardiac catheterization procedure" means a single 
episode of diagnostic or therapeutic catheterization 
Of olootfophyaiology — proooduro which occurs 
during one visit to a cardiac catheterization room. 
"Cardiac catheterization room" means a room or 
a mobile unit in which there is cardiac catheteriza- 
tion or cardiac angioplasty equipment for the 
provision performance of cardiac catheterization 
oerviooo procedures . Dedicated angiography 
rooms and electrophysiology rooms are not car- 
diac catheterization rooms. 
"Cardiac catheterization service area" means a 
geographical area defined by the applicant, which 
has boundaries that are not farther than 90 road 
miles from the facility, if the facility has a com- 
prehensive cardiac services program; and not 
farther than 45 road miles from the facility if the 
facility performs only diagnostic cardiac catheter- 
ization procedures; except that the cardiac cathe- 
terization service area of an academic medical 
center teaching hospital designated in 10 NCAC 
3R shall not be limited to 90 road miles. 
"Cardiac catheterization services" means the 
provision of diagnostic cardiac catheterization 
procedures? or therapeutic cardiac catheterization 
procedures or olootrophysiologj^ proo e dur e o per- 
formed utilizing cardiac catheterization equipment 
or cardiac angioplasty equipment in a cardiac 
catheterization room. 

"Comprehensive cardiac services program" means 
a cardiac services program which provides the full 
range of clinical services associated with the 
treatment of cardiovascular disease including 
community outreach, emergency treatment of 
cardiovascular illnesses, non-invasive diagnostic 
imaging modalities, diagnoatio and therapeutic 
cardiac catheterization proo e dur e a services, open 
heart surgery and cardiac rehabilitation services. 
Community outreach and cardiac rehabilitation 
services shall be provided by the applicant or 
through arrangements with other agencies and 
facilities located in the same city. All other 
components of a comprehensive cardiac services 
program shall be provided within a single facility. 
"Diagnostic cardiac catheterization procedure" 
means a cardiac catheterization procedure per- 
formed using oardiao catheterization or cardiac 
angioplasty equipment for the purpose of detecting 
and identifying defects or diseases in the gr e at 
coronary arteries or veins of the heart, or abnor- 
malities in the heart structurCj^ but not the pulmo- 
nary artery . 

"Electrophysiology procedure" means a diagnostic 
or therapeutic procedure performed to study the 
electrical conduction activity of the heart and 
characterization of atrial ventricular arrhythmias. 



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1257 



PROPOSED RULES 



(13) "Existing" means the equipment was in operation (2) 
prior to the beginning of the review period. 

(14) "High-risk patient" means a person with reduced 
life exf>ectancy because of left main or 
multi-vessel coronary artery disease, often with 
impaired left ventricular ftinction and with other 
characteristics as referenced in the American 
College of Cardiology/ American Heart Associa- 
tion Guidelines for Cardiac Catheterization and 
Cardiac Catheterization Laboratories (1991) 
report. 

(15) "Mobile equipment" means cardiac angioplasty 
equipment or cardiac catheterization equipment 
and transporting equipment which is moved to 
provide services at two or more host facilities. 

(16) "Percutaneous transluminal coronary angioplasty 
(PTC A)" is one type of therapeutic cardiac cathe- 
terization procedure used to treat coronary artery 
disease in which a balloon-tipf)ed catheter is 

placed in the diseased artery and then inflated to (3) 

compress the plaque blocking the artery. 

(17) "Primary cardiac catheterization service area" 
means a geographical area defined by the appli- 
cant, which has boundaries that are not farther 
than 45 road miles from the facility, if the facility 
has a comprehensive cardiac services program; 

and not farther than 23 road miles from the (4) 

facility if the facility performs only diagnostic 
cardiac catheterization procedures; except that the 
primary cardiac catheterization service area of an 
academic medical center teaching hospital desig- 
nated in 10 NCAC 3R shall not be limited to 45 
road miles. 

(18) "Therapeutic cardiac catheterization procedure" (5) 
means a cardiac catheterization procedure per- 
formed for the purpose of treating or resolving 

certain anatomical or physiological conditions 
which have been determined to exist in the heart 
or great arteries or veins of the heart. 

Statutory Authority G.S. 131E-177(1); 131E-183. 

.1614 INFORMATION REQUIRED OF APPLICANT 

(a) An appUcant that proposes to acquire cardiac catheter- 
ization or cardiac angioplasty equipment shall use the acute 
care facility/medical equipment application form. 

(b) The applicant shall provide the following additional 
information based on the p>opulation residing within the 
applicant's proposed cardiac catheterization service area: 

(1) the projected number of cardiac catheterization 
procedures, by CPT or ICD-9-CM codes, by 
classification of cardiac catheterization proce- 
diire, to be performed in each cardiac catheter- 
ization room for each of the first 12 calendar 
quarters following completion of the proposed (10) 

project, including the methodology and assump- 
tions used for these projections; 



(A) 
(B) 

(C) 



(D) 



lEi 



(6) 

(7) 
(8) 

(9) 



documentation of the applicant's experience in 
treating cardiovascular patients at the facility 
during the past 12 months, including: 
the number of patients receiving stress tests; 
the number of patients receiving intravenous 
thrombolytic therapies; 

the number of patients fwesenting in the Emer- 
gency Room or admitted to the hospital with 
susjjected or diagnosed acute myocardial 
infarction; asd 

the number of patients referred to other facili- 
ties for cardiac catheterization procedures or 
open heart surgery procedures, by type of 
procedure; and 

the number of diagnostic and therapeutic 
cardiac catheterization procedures performed 
during the twelve month period reflected in the 
most recent licensure form on file with the 
Division of Facility Services: 
the number of patients from the proposed car- 
diac catheterization service area who are pro- 
jected to receive cardiac catheterization services 
by patient's coimty of residence in each of the 
first 12 quarters of operation, including the 
methodology and assumptions used for these 
projections; 

the number of patients from the proposed pri- 
mary cardiac catheterization service area who 
are projected to receive cardiac catheterization 
services by patients' county of residence in each 
of the first 12 quarters of operation, including 
the methodology and assumptions used for these 
projections; 

documentation of the applicant's projected 
sources of patient referrals that are located in the 
proposed cardiac catheterization service area, 
including letters from the referral sources that 
demonstrate their intent to refer patients to the 
applicant for cardiac catheterization services; 
evidence of the apphcant's capability to commu- 
nicate with emergency transportation agencies 
and with an established comprehensive cardiac 
services program; 

the number and composition of cardiac catheter- 
ization teams available to the applicant; 
documentation of the applicant's in-service 
training or continuing education programs for 
cardiac catheterization team members; 
a written agreement with a comprehensive 
cardiac services program that sp>ecifies the 
arrangements for referral and transfer of patients 
seen by the applicant and that includes a process 
to alleviate the need for duplication in catheter- 
ization studies; 

a written description of patient selection criteria 
including referral arrangements for high-risk 
patients; 



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October 16, 1995 



10:14 



PROPOSED RULES 



(11) a copy of the contractual arrangements for the 
acquisition of the proposed cardiac catheteriza- 
tion equipment or cardiac angioplasty equipment, 
including itemization of the cost of the equip- 
ment; and 

(12) documentation that the cardiac catheterization 
equipment and cardiac angioplasty equipment 
and the procedures for operation of the equip- 
ment are designed and developed based on the 
American College of Cardiology/American 
Heart Association Guidelines for Cardiac Cathe- 
terization Laboratories (1991) report. 

Statutory Authority G.S. 131E-177(1); 13 IE- 183. 

.1615 REQUIRED PERFORMANCE STANDARDS 

(a) The applicant shall demonstrate that the project is 
capable of meeting the following standards: 

(1) each proposed item of cardiac catheterization 
equipment or cardiac angioplasty equipment, 
including mobile equipment, shall be utilized at 
an annual rate of at least 60 percent of capacity, 
measured during the fourth quarter of the third 
year following completion of the project; 

(2) if the applicant proposes to perform therapeutic 
cardiac catheterization procedures, each of the 
applicant's therapeutic cardiac catheterization 
teams shall be performing at an annual rate of at 
least 100 therapeutic cardiac catheterization 
procedures, during the third year of operation 
following completion of the project; 

(3) at least 50 percent of the projected cardiac 
catheterization procedures shall be performed on 
patients residing within the primary cardiac 
catheterization service area; 

(4) each existing item of cardiac catheterization 
equipment and cardiac angioplasty equipment in 
each facility which has a primary cardiac cathe- 
terization service area that overlaps the proposed 
primary cardiac catheterization service area shall 
have been operated at a level of at least 80 
percent of capacity during the 12 month period 
reflected in the most recent licensure form on 
file with the Division of Facility Services; 

(5) the utilization of each existing or approved item 
of cardiac catheterization equipment and cardiac 
angioplasty equipment in each facility which has 
a primary cardiac catheterization service area 
that overlaps the projxjsed primary cardiac 
catheterization service area shall not be expected 
to fall below 60 percent of capacity due to the 
acquisition of the prof>osed cardiac catheteriza- 
tion, cardiac angioplasty, or mobile equipment; 

(6) if the applicant proposes to perform diagnostic 
cardiac catheterization procedures, each diagnos- 
tic cardiac catheterization team shall be perform- 
ing at an annual rate of at least 4^ 200 diagnos- 



tic-equivalent catheterization procedures by the 
end of the third year following completion of the 
project; 

(7) each item of existing mobile equipment operat- 
ing in the proposed primary cardiac catheteriza- 
tion service area shall have been performing at 
least an average of four diagnostic-equivalent 
catheterization procedures per day per site in the 
proposed cardiac catheterization service area in 
the 12 month period preceding the submittal of 
the application; and 

(8) each item of existing or approved mobile equip- 
ment to be operating in the proposed primary 
cardiac catheterization service area shall be 
performing at least an average of four diagnos- 
tic-equivalent catheterization procedures per day 
per site in the proposed cardiac catheterization 
service area in the applicant's third year of 
ojjeration. 

(b) If the applicant proposes to perform cardiac catheter- 
ization procedures on patients age 17 age 14 and under, the 
applicant shall demonstrate that it meets the following 
additional criteria: 

(1) the facility has the capability to perform diag- 
nostic and therapeutic cardiac catheterization 
procedures and open heart surgery services on 
patients ag e 17 age 14 and under; 

(2) the proposed project shall be pterforming at an 
annual rate of at least 100 cardiac catheterization 
procedures on patients age 17 age 14 or under 
during the fourth quarter of the third year fol- 
lowing initiation of the proposed cardiac cathe- 
terization service for patients ago 17 a ge 14 and 
under. 

(c) An applicant shall provide documentation of all 
assumptions and data used in the development of the 
projections required in this Rule. 

Statutory Authority G.S. 131E-177(1); 131E-183. 

.1618 DATA REPORTING REQUIREMENTS 

Th e faoiUty shall agr ee to provid e , upon th e r e qu e ot of the 
Divioion of Faoility S e rvio e o, th e following typeo of data 
and information, — in aooordanco — with data format and 
reporting roquiremonta — formulated by the Divi s ion of 
Faoility Sorviooe: 

(4^ d e mographio data on patientta treated; 

(3) financial data; and 



(^ 



clinical data. 



Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.1619 ACCESSIBILITY 

(a) The applioont diall provid e docum e ntation d e ooribing 
th e m e ohaniom that will b e uo e d to ensure that the projootod 
numbor of modically undoraorvod will bo s ofvod in the 
facilit)'. 



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NORTH CAROLINA REGISTER 



October 16, 1995 



1259 



PROPOSED RULES 



(b) The applicant ahull pro' i 'ido v i 'ritton admiaoiono polioioo 
idontifj'ing any propaym e nt or d e pooit r«quir e tn e ntfl for th e 
faoiht)' and otating the admiooion requirem e nto for pationts 
in OQch of tho following payor catogorieo: 

f4^ Modicojoi 

Modioaid; 



^ 

^ Blue Croon and Bluo Shi e ld; 

(4) Conunorciol Inouranoo; 

(#) Stato Employcco Health Plan; 

(6) Solf Pay (inoludeo self pay. indig e nt and ohority 

OQjo); and 

f?) Othor aa identified by tho applicant. 

(c) Tho applicant aholl provide a written doocription of tho 
billing proc e dur e s, — including th e cr e dit — and coll e ction 
polici e o that will bo utilized by th e facility. 

(d) The applicant shall document that tho mombero of tho 
health caro oommunity in tho son'icc area, including tho 
Dopartmonto of Social S e n'iooo and Health. ha' < '0 boon 
invited to comment on th e propos e d proj e ct, particularly 
with — regard — te — tbe — facility's — fofoffoJ — mochonis ffis — ead 
admissions policieo for tho modicolly undorsor^'od. 

Starutory Authority G.S. 131E-177(1); 131E-183(b). 

SECTION .1700 - CRITERU AND STANDARDS 

FOR OPEN-HEART SURGERY SERVICES AND 

HEART-LUNG BYPASS MACHINES 

.1713 DEFINmONS 

The following definitions shall apply to all rules in this 
Section: 

(1) "Capacity" of an open heart surgery room means 
400 adult-equivalent op>en heart surgical proce- 
dures per year. One open heart surgical proce- 
dure on persons age # 14 and under is valued at 
two adult open heart surgical procedures. For 
purposes of determining capacity, one opien heart 
surgical procedure is defined to be one visit or tnp 
by a patient to the open heart surgery room for an 
open heart of)€ration. 

(2) "Cardiac Surgical Intensive Care Unit" means a 
distinct intensive care unit as defined in 10 NCAC 
3R .1213(2) and which is for exclusive use by 
post-surgical open heart patients. 

(3) "Heart-lung bypass machine" is shall have the 
same meaning as defined in G.S. 131E-176(10a). 

(4) "Open heart surgery service area" means a geo- 
graphical area defined by the applicant, which has 
boundaries that are not farther than 90 road miles 
from the facility, except that the open heart sur- 
gery service area of an academic medical center 
teaching hospital designated in 10 NCAC 3R 
.3050 shall not be limited to 90 road miles. 

(5) "Open heart surgery services" is shall have the 
same meaning as defined in G.S. 131E-176(18b). 

(6) "Open heart surgical procedures" means highly 
sf)ecialized surgical procedures which: 



(a) utilize a heart-lung bypass machine (the "pump") 
to p>erform extra-corporeal circulation and 
oxygenation during surgery; 

(b) are designed to correct congenital and acquired 
cardiac and coronary disease; and 

(c) are identified by Medicare Diagnostic Related 
Group ("DRG") numbers 104, 105, 106, 107, 
and 108. 

(7) "Open heart surgery room" means an operating 
room primarily used to perform open heart surgi- 
cal procedures, as reported on the most current 
hospital licensure application. 

(8) "Open heart surgery program" means all of the 
open heart surgery rooms operated in one hospital. 

(9) "Primary open heart surgery service area" means 
a geographical area defined by the applicant, 
which has boundaries that are not farther than 45 
road miles from the facility, except that the pri- 
mary open heart surgery service area of an aca- 
demic medical center teaching hospital designated 
to 10 NCAC 3R .3050 shall not be limited to 45 
road miles. 

Statutory Authority G.S. 131E-177(1); 13 IE- 183. 

.1714 INFORMATION REQUIRED OF APPLICANT 

(a) An applicant that proposes to add an open heart 
surgery room or to acquire a heart-lung bypass machine 
shall use the acute care facility/medical equipment applica- 
tion form. 

(b) The applicant shall also provide the following addi- 
tional information: 

(1) the projected number of op)en heart surgical 
procedures to be completed in each open heart 
surgery room and the projected number of of)en 
heart surgical procedures to be performed on 
each heart-limg bypass machine for each of the 
first 12 calendar quarters following completion 
of the propxjsed project, including the methodol- 
ogy and assumptions used to make these projec- 
tions; 

(2) the projected number of cardiac catheterization 
procedures to be completed in the facility for 
each of the first 12 calendar quarters following 
completion of the proposed project, including the 
methodology and assumptions used for these 
projections; 

(3) the apphcant's experience in treating cardiovas- 
cular patients at the facility during the past 12 
months, including: 

(A) the number of patients receiving stress tests; 

(B) the number of patients receiving intravenous 
thrombolytic therapies; 

(C) the number of patients presenting in the Emer- 
gency Room or admitted to the hospital with 
susp>ected or diagnosed acute myocardial 
infarction; 



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10:14 



PROPOSED RULES 



(5) 



(D) the number of cardiac catheterization proce- 
dures performed, by type of procedure; 

(E) the number of patients referred to other facili- 
ties for cardiac catheteri2ation or open heart 
surgical procedures, by type of procedure; 

(F) the number of patients referred to the appli- 
cant's facility for cardiac catheterization or 
open heart surgical procedures, by type of 
procedure; 

(G) the number of open heart surgery procedures 
performed by type of procedure during the 
twelve month period reflected in the most 
recent licensure form on file with the Division 
of Facility Services; 

(4) the number of patients from the proposed open 
heart surgery service area who are projected to 
receive open heart surgical procedures by pa- 
tient's county of residence in each of the first 12 
quarters of operation including the methodology 
and assumptions used to make the projections; 
the number of patients from the proposed pri- 
mary open heart surgery service area who are 
projected to receive oj>en heart surgical proce- 
dures by patient's county of residence in each of 
the first 12 quarters, including the methodology 
and assumptions used to make these projections; 

(6) the projected patient referral sources; 

(7) evidence of the appUcant's capability to commu- 
nicate efficiently with emergency transportation 
agencies and with all hospitals serving the 
profKJsed service area; 

(8) the number and composition of open heart 
surgical teams available to the applicant; 

(9) a brief description of the applicant's in-service 
training or continuing education programs for 
open heart surgical team members; and 

(10) evidence of the applicant's capability to perform 
both cardiac catheterization and open heart 
surgical procedures 24 hours per day, 7 days per 
week. 

Statutory Authority G.S. 131E-177(1); 131E-183. 

.1719 DATA REPORTING REQUIREMENTS 

The facility aholl provide, uf > on the roquoat of tho Division 
of Faoilit)' S e r^'io e o, th e following typoo of data and infer 
motion, in aooordano e with data format and reporting 
-fe fmulatod by tho Division of Facility Sor 



roquiromonta 
viooe; 

fi^ domogmphio data on pati e nts tr e at e d; 

(3) financial data; and 



(^ 



clinical data. 



Statutory Authority G.S. 13 IE- 177(1); 13 lE-1 83(b). 

,1720 ACCESSIBILITY 

(a) Tho applicant shall provide documentation doooribing 



the moohanism that shall bo used to insuro that tho projootod 
numb e r of modioally underoorved ohall b e s e rv e d in the 
facility. 

(b) Tho applicant diall provide written admifloions polioioo 
idontif^'ing any p r opaymont of deposit i - equifomonto fo r the 
faoilit)' and stating th e admiooion r e quir e m e nto for pationto 
in oaoh of the following payor oategori e o: 

^ Modicofo' 

(3) Medicaid; 



(3) Blue Crooo and Blu e Shi e ld; 

f4) Comm e roial Insurono e ; 

(5) State Employooa Health Plan; 



(6) Self Pay (inoludos self pay, indigent and charit>' 

oar e ); and 
f?^ Oth e r OB id e ntifi e d by th e applicant. 

(0) The applicant shall provide a written doaoription of tho 
billing proooduroa, — including tho OFodit and oollootion 
polioi e B that shall b e utiliz e d by th e facility. 

(d) Th e applioont s hall dooum e nt that th e m e mb e rs of the 
health oaro oommunity in the aoi^'ioo area, including the 
Dopartmonta of Social Sor^'icoa and Health, have boon 
invit e d to oomm e nt on th e propos e d proj e ct, portioulorly 
with — r e gard — to th e — facility 'o — r e f e rral — meohanisms and 
admissions policies for tho medically undoraorvod. 

Statutory Authority G.S. 131E- 177(1); 131E-183(b). 

SECTION .1900 - CRTTERU AND STANDARDS 
FOR RADIATION THERAPY EQUIPMENT 

,1912 DEFINrriONS 

These definitions shall apply to all rules in this Section: 

(1) "Approved linear accelerator" means a linear 
accelerator which was not o{>erational prior to the 
beginning of the review period but which had been 
issued a certificate of need or had been acquired 
prior to March 18, 1993 in accordance with 1993 
N.C. Sess. Laws c. 7, s. 12. 

£2} "Complex Radiation treatment" is equal to 2 
ESTVs and means: treatment on three or more 
sites on the body; use of special techniques such 
as tangential fields with wedges, rotational or arc 
techniques; or use of custom blocking. 

{3} "Equivalent Simple Treatment Visit FESTVI" 
means one basic unit of radiation therapy which 
normally requires up to fifteen (15) minutes for 
the uncomplicated set-up and treatment of a patient 
on a modem megavoltage teletherapy unit includ- 
ing the time necessary for portal filming. 

(4) (3)" Existing linear accelerator" means a linear 
accelerator in operation prior to the beginning of 
the review period. 

(5) "Intermediate Radiation treatment" means treat- 
ment on two separate sites on (be body, three or 
more fields to a single treatment site or use of 
multiple blocking and is equal to 2 ESTVs. 

(6) (3) "Linear accelerator" means MRT equipment 



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1261 



PROPOSED RULES 



which is used to deliver a beam of electrons or 
photons in the treatment of cancer patients. 

(7) (4)"Linear accelerator service area" means a 
geographical area, defined by the applicant, in 
which a linear accelerator provides services and in 
which no less than 120,000 persons reside. 

(8) (5) "Megavoltage unit" means MRT equipment 
which provides a form of teletherapy that involves 
the deUveiy of energy greater than, or equivalent 
to, one million volts by the emission of x-rays, 
gamma rays, electrons, or other radiation. 

(9) (6) "Megavoltage radiation therapy (MRT)" means 
the use of ionizing radiation in excess of one 
million electron volts in the treatment of cancer. 

(10) f7) "MRT equipment" means a machine or energy 
source used to provide megavoltage radiation 
therapy including linear accelerators and other 
particle accelerators. 

(in W "Radiation therapy equipment" means medical 
equipment which is used to provide radiation 
therapy services. 

(12) (9) "Radiation therapy services" means those 
services which involve the delivery of precisely 
controlled and monitored doses of radiation to a 
well defined volume of tumor bearing tissue 
within a patient. Radiation may be delivered to 
the tumor region by the use of radioactive im- 
plants or by beams of ionizing radiation or it may 
be delivered to the tumor region systemically. 

(13) fiO) "Radiation therapy service area" means the 
geographic area in which radiation therapy ser- 
vices are proposed to be provided by the appli- 
cant. 

(14) "Simple Radiation treatment" means treatment on 
a single site on the body, single treatment field or 
parallel opposed fields with no more than simple 
blocks and is equal to \ ESTV. 

(15) (44) "Simulator" means a machine that produo e o 
high qualit)' diagnootio rodiogmpho and that io 
capable of precisely roproducing reproduces the 
geometric relationships of the MRT equipment to 
the patient. 

(16) "Special technique" means radiation therapy 
treatments that may require increased time for 
each patient visit including: 

(a) total body irradiation (photons or electrons) 
which equals 4.0 ESTVs; 

(b) hemi-body irradiation which equals 2.0 ESTVs: 

(c) intraoperative radiation therapy which equals 
10.0 ESTVs; 

(d) particle radiation therapy which equals 2.0 
ESTVs: 

(e) dynamic conformational radiation therapy with 
moving gantry, collimators or couch which 
equals 1.5 ESTVs: 

(f) limb salvage irradiation at lengthened SSD 
which equals 2.0 ESTV; 



(g) additional field check radiographs which equals 

.05 ESTV: and 
(h) stereotactic radiosurgery which equals 6.0 

ESTVs. 

Statutory Authority G.S. 131E-177(1); 131E-183. 

.1913 INFORMATION REQUIRED OF APPLICANT 

(a) An applicant proposing to acquire radiation ther^y 
equipment shall use the Acute Care Facility/Medical 
Equipment application form. 

(b) An applicant proposing to acquire radiation therapy 
equipment shall also provide the following additional 
information: 

(1) a description of the boundaries of the proposed 
radiation therapy service area or the proposed 
linear accelerator service area if the applicant 
proposes to acquire a linear accelerator; 

(2) a list of the existing radiation therapy equipment 
in the proposed radiation therapy service area or 
linear accelerator service area; 

(3) a list of all the radiation therapy equipment to be 
acquired and documentation of the capabilities 
and capacities of each item of equipment; 

(4) documentation of the purchase price and fair 
market value of each piece of radiation therapy 
equipment, each simulator, and any other related 
equipment proposed to be acquired; 

(5) the projected number of patient treatments by 
simple, intermediate and complex treatments to 
be performed on each piece of radiation therapy 
equipment for each of the first eight calendar 
quarters following the completion of the pro- 
posed project and documentation of all assump- 
tions by which utilization is projected; 

(6) documentation that the proposed radiation ther- 
apy equipment shall be operational at least seven 
hours per day, five days a week; 

(7) documentation that no more than one simulator 
is available for every two linear accelerators in 
the applicant's facility, except that an applicant 
that has only one linear accelerator may have 
one simulator; and simulator. 

(8) documentation that the services shall be offered 
in a physical environment that conforms to the 
requirements of federal, state, and local regula- 
tory bodi e e. bodies; and 

£9} the projected number of patients that will be 
treated for cure and the number of patients that 
will be treated for palliation on each linear 
accelerator on an annual basis. 

Statutory Authority G.S. 131E-177(1); 131E-183. 

.1914 REQUIRED PERFORMANCE STANDARDS 

(a) An appUcant proposing to acquire a linear accelerator 
shall demonstrate that each of the following standards shall 



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PROPOSED RULES 



be met: 

(1) each existing linear accelerator in the proposed 
service area served at least 250 patients or 
provided MGO 6.500 ESTV treatments in the 
twelve months prior to the date the application 
was submittod, submitted, with th e cxooption 
that oxioting linear aoo e l e ratoro that porforiB ed 
lo s e than 6,100 troatmonts per yoof shall not bo 
hold to thio otondard if the applicant can provide 
dooumontation that: 

(A) — tb« — pati e nt — ohorootoriotioo — or tumor typeo 
treated by the oxioting linear aocolorator ar e 
complox and require more treatment time por 
patient; and 

(B) — the oxioting lin e ar aoo e l e rotor io oommittod t e 
elia ical roooarch and teaching', 

(2) each proposed new linear accelerator shall be 
utilized at an amiual rate of 250 patients or 
M^ 6.500 ESTV treatments during the third 
year of operation of the new equipment; and 

(3) each existing and approved linear accelerator 
shall be projected to be utilized at an annual rate 
of 250 patients or MOO 6.500 ESTV treatments 
during the third year of operation of the new 
equipmentr 

(b) A linear accelerator shall not be held to the standards 
in Paragraph (a) of this Rule if the a pplicant provides 
documentation that the linear accelerator has been or shall 
be used exclusively for clinical research and teaching. 

(c) (b) An applicant proposing to acquire radiation 
therapy equipment other than a linear accelerator shall 
provide the following information: 

(1) the number of patients that are projected to 
receive treatment from the proposed radiation 
therapy equipment, classified by type of equip- 
ment, diagnosis, treatment procedure, and 
county of residence; and 

(2) the maximum number and type of procedures 
that the profKDsed equipment is capable of per- 
forming. 

(d) (e)The applicant shall document all assumptions and 
provide data supporting the methodology used to determine 
projected utilization as required in this Rule. 

Statutory Authority G.S. 131E-177(1); 131E-183. 



duroa and suporviso all radiation thompy pfooo 

^ An applicant proposing to acquire radiation therapy 
equipment shall provide document ation to domonotroto 
document the number and availability of staff or provide 
evidence that obviates the need for th e following staff in the 
following areas : 

(1) Radiation Oncologist; 

(2) Radiation Physicist; 

(3) Dosimetrist or Physics Assistant; 
(4) Phyoioo T e ohnologiot; 

(4) (^ Radiation Therapist; 

(51 (6) Radiation-Oncology Administrator; 

£6) f?) Registered Nurse or LPN; 

£7} (*) Physical Therapist; 

£8} £^ Dietician; 

£9} ^40)Pharmacist; 

(10) O^^Social Worker; and 

(11) (+2)Maintenance Engineer. 

Statutory Authority G.S. 13 IE- 177(1); 131E-183. 

.1917 ACCESSIBILITY 

(a) The applicant ahall document the mechani s m that will 
bo used to in s ur e that the projected number of medically 
und e ro e rv e d will b e o e rv e d by th e applicant. 

(b) Th e applicant ohall provid e written admioaiono polioi e o 
identifying any prepayment or deposit roquiromonta for tho 
proposed sorviooa and stating the admiooion roquiromonta for 
pati e nto in each of th e following payor oat e gori e o: 

(4^ M e dicar e ; 

(3) Modiottid', 



(3) Blue Cross and Blue Shield; 

(4) Comm e rcial In s uranc e ; 

(5) Stat e Employooo H e alth Plan; 

(6) Self Pay (includes self pay, indig(Mit and charity 

oaro); and 

f?) Oth e r as identified by th e applicant. 

(o) Th e appUoant ohall provide a written doooription of th e 
billing prooodurofl, — including th e credit and collection 
polioiofl that will bo utilized by tho applicant. 

(d) Tho applicant ohall docum e nt that th e m e mbero of th e 
h e alth oar e community in tho oervice ar e a, including th e 
Dopartmontfl of Social Sorvicog and Health, have boon 
invited to comment on the proposed project, particularly 
with r e gard to the applioant'o r e ferral mochaniomo aad 
admiooiono polioi e o for th e m e dically und e ro e rs' e d. 

Statutory Authority G.S. 13 IE- 177(1); 131E-183(b). 

.1918 DATA REPORTING REQUIREMENTS 

particularly qualified radiation thorapists and The applicant shall agree to provide, upon tho reque s t of 

tho Divioion of Facility Sorviooo, tho following typoa of data 
and information, in accordanc e with data format and 
(Q^ a board c e rtifi e d Radiation Onoologiot lioeno e d r e porting r e quir e mento — formulat e d by th e Divioion of 



.1916 REQUIRED STAFFING AND STAFF 
TRAINING 

(a) An applicant proposing to acquire radiation therapy 
equipment ohall docum e nt that: 



w- 



tho appropriat e typ e o and numb e ro of otaff, 



modioal otaff, ohall bo available to support tho 
propos e d oor^'iooo; and 



to pmotioo modioino in North Cofolina shall be 
available to perform radiation therapy prooo 



Facility Sorviooo ! 
fi^ demographic data on patients treated; 



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1263 



PROPOSED RULES 



(3) financial data; and 

(3) olinioal data. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

SECTION .2000 - CRITERIA AND STANDARDS 
FOR HOME HEALTH SERVICES 

.2002 DEFTNiriONS 

The following definitions in this Rule wili shall apply to 
all rules in this Section: 

(1) "Home Health Agency" moon s an agoncy shall 
have the same meaning as defined in G.S. 
131E-176 (12). 

(2) "Home Health Services" moana o e rs'io e o shall have 
the same meaning as defined in G.S. 131E-176 
(12). 

^ " Propoo e d G e ographio Sor . io e i\r e a" m e ans: 

(a) Wh e r e tho propon e nt hoa propoood to e otablioh 

a homo health agoncy to moot tbo nood projoctod 
in tho applioablo State Modioal Fftoilitios Plan 
for a oingl e oount)', tho oingl e oount)' in which 
tho home health ag e ncy will b e e otablioh e d; or 

fb) Whoro tho proponent has propoood to ootabliah 

a homo health agency to moot tbo nood projected 
in the applioablo Stat e M e dioal Faciliti e s Plan 
for a grouping of oontiguous ooimtios, those 
contiguous oountieo defined in the State Modioal 
Facilitioo Plan in effect at tho boginning of the 
r e vi e w p e riod for th e applioation and in whioh 
tbo propon e nt will provid e hom e health oeP i 'io e o. 

Statutory Authority G.S. 13 IE- 177(1); 13 IE- 183. 

,2004 CAPACITY IN THE AGENCY AND IN THE 
HEALTH SERVICE AREA 

(a) A proposal to provide new homo health BOf^'iooo must 
bo consiotent v ^ 'ith th e appUoabl e North Carolina State Health 
Plan. Additionally, a proposal must show a r e lationship to 
tho noodfl of the community in the proposed googmphio 
9on » 'ice oroa and to tho applicable health systoma plan. 

(b) A proposal to pro' i 'ide n e w hom e h e alth s e n i 'io e o must 
sp e oify: 

^i) tho proposed geographic s orvioo area; 

(2) tho t^'pee of proposed sorvioo disciplinoe; 

(3) th e proj e ct e d unduplioat e d pati e nt count p e r 
s e p i 'io e disciplin e for th e first two y e ars (proj e ot 
monthly for year one and year tv ^ 'o); 

(4) tho projected number of viaits per sor i 'ico disci 

plin e for th e first tv i 'o y e ars (proj e ot monthly for 
y e ar on e and y e ar two); 

(5) tho projected average annual cost per visit por 

sor^'ioe discipline; and 

(6) any agr ee m e nts — or oontractiml — arnmg e m e nto 

bot^v e on tho propoood hom e h e alth agoncy and 
other health and s ocial sorvioo a providers within 
tbo propKwed geographic s ervice area for ooordi 



nation of sor>'ioo e . 
All aooumptions, including th e sp e cific m e thodology' by 
whioh {xiti e nt utilization and oost ore proj e cted, muot bo 
oloofly stated. 

(c) A proposal to provide no" * ' homo health oor i 'iooo must 
document that th e population of th e propos e d o e r i 'ioo area 
has a nood for hom e h e alth o e r . 'iooo, using th e statewid e 
methodology' oontained in tho applicable North Carolina 
State Health Plan (State Modioal Facilitioo Plan oompono at^ 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.2005 SCOPE OF SERVICES OFFERED 

A propon e nt proposing to dev e lop n e w homo hoolth 
s e n i 'io e o muot provid e docum e ntation to show that sor i 'iooo 
will bo offered in a manner oonsistont with ruleo adopted 
pursuant to G.S. 13 IE, Article 6, Port C and with tho 
regulations for conditions of partioipation imdor Modioaro 
and M e dioaid. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.2006 PROJECTED UTILIZATION 

A proposal to provide now homo health sorviooa muat 
project an annual unduplioated patient eaoolood for the fir s t 
y e ar of op e ration >vhioh moots or oxooodo th e minimum nood 
s uffici e nt to juctifj' th e e otabliohm e nt of a n e w hom e h e alth 
agoncy as shown in tho State Medical Facilitioo Plan. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.2007 SITE 

A proposal to provide now home health sor^'ioea must 
provid e docum e ntation — to show that th e s e r^'icea will 
conform to th e r e quir e m e nts of fodoral, state, and looal 
regulatory bodiea. 

Statutory Authority G.S. 13IE-177(1); 131E-183(b). 

.2008 STAFFING 

A propo s al to provide now homo health sor^'icoa must 
provid e docum e ntation to show that s e r^'io e e will b e pro 
vid e d by qualifi e d modioal and nursing staff in a mann e r 
oonsi s tont with G.S. Chapter 13 IE, j\rtiolo 6, Port C, and 
that modioal and other nocoooary staff ore available to 
provid e th e o e r . 'icoe requir e d by th e pati e nt. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.2012 INFORMATION REQUIRED OF APPLICANT 

(a) An applicant shall identify: 

(1) the counties that are proposed to be served by 
the new office; 

(2) the proposed types of services to be provided, 
including a description of each discipline; 

(3) the projected total imduplicated patient count of 
the new office for each of the first two years of 



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PROPOSED RULES 



operation; 

(4) the projected number of patients to be served p er 
service discipline for each of the first two years 
of operation: 

(5) the projected number of visits by service disci- 
pline for each of the first two years of operation; 

(6) within each service discipline, identify the 
average number of patient visits per day that are 
anticipated to be performed by each staff person; 

(7) the projected average annual cost per visit for 
each service discipline; 

(8) the projected charge by payor source for each 
service discipline; 

(9) the names of the anticipated sources of referrals; 
and 

(10) documentation of attempts made to establish 
working relationships with the sources of refer- 
rals. 
All assumptions, including the specific methodology by 
which patient utilization and costs are projected, shall be 
clearly stated. 

(h) An appUcant shall specify the primary site and at least 
one alternate site on which the office is proposed to be 
located. The a pplicant shall provide documentation from the 
owner of the sites or a realtor that the primary and alternate 
site(s') are available for acquisition. 

Statutory Authority G.S. 131E-177(1); 13 IE- 183. 

.2013 PERFORMANCE STANDARDS 

An a pplicant shall project, in the third year of operation, 
an annual unduplicated patient caseload for the county in 
which the facility will be located that meets or exceeds the 
minimum need used in the applicable State Medical Facili- 
ties Plan to justify the establishment of a new home health 
apency office in that county. 

Statutory Authority G.S. 131E-177(1); 1 3 IE- 183. 

.2014 STAFFING AND STAFF TRAESfING 

{a} An a pplicant shall demonstrate that proposed staffing 
for the home health agency office will meet the staffing 
requirements as contained in 10 NCAC 3L which is incor- 
porated by reference including all subsequent amendments. 

(b) An a pplicant shall provide copies of letters of interest, 
preliminary agreements, or executed contractual arrange- 
ments between the proposed home health agency office and 
each health care provider with which the home health 
agency office plans to contract for the provision of home 
health services in each of the counties proposed to be served 
by the new office. 

Statutory Authority G.S. 131E-177(1); 131E-183. 

SECTION .2100 - CRTTERU AND STANDARDS 
FOR AMBULATORY SURGICAL SERVICES 



.2117 ACCESSIBILITY TO SERVICES 

(a) An applioont profKwing to e otablioh a n e w ambulator)' 
ourgiool faoilit)', to inor e ao e th e number of ambulatofy 
sufgiool opofoting rooma in an existing ambulator^' facility 
Of hospital, to convert a spooiolty ambulato t^ ' aupgiool 
program to a multiop e oialt)' ambulator^' eurgiool program or 
to add a t y e oialt)' to o ap e oialt)' ambulator)' surgioal program 
shall p f ovido assurance that the facility, unle s s solely 
de s ignated as a birthing oontor, will bo certified fof Medio 
aid and M e dicar e reimburoomont upon oompletion of th e 
proj e ct. 

(b) The applicant shall provide documentation describing 
the mechanism that will bo used to insure that the projected 
number of medioolly und e ro e rs' e d will be oors'od in the 
facility. 

fe) — The applicant shall pfovide a copy of the written 
admissions policies identif^'ing any prepayment of deposit 
r e quir e m e ntfl for th e faoilit)' and clearly stating th e admio 
oion r e quir e ments for th e following payor catogorioo: 
Medicare; 



m- 



Medicaid; 



Blu e Croofl and Blu e Shi e ld; 



(4) Ck)mm e roial Insuranc e ; 

(5) Stnto Employooe Health Plan; 

(6) Self Pay (inoludefl self pay. indigent and charity 



m- 



cor e ); and 

Oth e r 00 id e ntifi e d by th e applicant. 



(4) — The applicant shall provide a written doocription of 
the billing procedures, — including — the credit — collection 
polici e s, that will b e utilized by th e facility. 

(e) Th e applicant shall docum e nt that th e m e mb e rs of th e 
health core community' in the ambulatory surgical sor^'ioe 
area, including the Departments of Social Sorvioos and 
Health, have been invited to comm e nt on th e propos e d 
project, particularly with r e gard to th e facility's r e f e rral 
mochaniams and admissions policies for the medically 
undorsorvod. 

f9 — Th e applicant shall provid e docum e ntation that th e 
faoilit)' will match or exceed the averag e p e rc e nt of pati e nts 
in the combined oatogorice of Medicare, Medicaid, charity 
care and bad debt p r ovided by the existing and approved 
ambulator)' s urgical programs in th e ambulator)' surgical 
son'io e area in which the applicant' s facility is, or will b e , 
located. 



Statutory Authority G.S. 13 IE- 177; 131E-183(b). 

.2120 DATA REPORTING REQUIREMENTS 

The faoiht)' shall agree to provide, upon the request of the 
Division of Facility S e rvices, the following tyjjes of data 
and information, — in acoordanoe — with data format and 
reporting — r oquiromonts — formulate d — by — Ae — Diviaion of 
Facilit)' Service s : 

(49 d e mogmphio data on patients tr e ated; 

(3) financial data; and 

clinical data. 



(^ 



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1265 



PROPOSED RULES 



Statutory Authority G.S. 131E-177(1); 131E-183(b). 

SECTION .2300 - CRITERIA AND STANDARDS 
FOR COMPUTED TOMOGRAPHY EQUIPMENT 

.2319 DATA REPORTING REQUIREMENTS 

Tho applioont ohall agr ee to provid e , upon the roqu e ot of 
tbo Kviaion of Facility Sol^'iooo, tho following tj i 'poa of data 
and — infommt iefr; — in acoordanoo — with data — format a a^ 
reporting roquiromento formulated by th e Divioion of 
Faoilit)' Sorvio e o: 

(4) domographic data on patients treated; 

(3) financial data; and 

(3) olinioal data. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.2320 ACCESSIBILITY 

(a) Tho applicant oholl provid e docum e ntation d e eoribing 
the naochaniom that will bo used to onsufo that tho projootod 
number of medically undoroerved will bo served in tho unit. 

(b) Tho applicant ohall provide w'ritten admiooiono polioieo 
identif^'ing any prepayment or d e posit requir e m e ntc for th e 
unit and stating the admiaoions foquiromonta fof patients in 
each of the following payor catogorieo; 

(4^ Medicar e ; 

(3) M e dicaid; 

(^) Blue Cro93 and Blue Shield; 

f4) Commercial InBuronco; 

(5) Stat e Employ e ea H e alth Plan; 

(6^ Self Pay (includoo oelf pay, indig e nt and charity 

care); and 
f?) Other as identified by tho applicant. 

(c) Th e applicant shall provide a V i 'ritten d e ooription of th e 
billing proooduroo, including th e credit collection polioi e o, 
that will be utilized by the unit. 

(d) Tho applicant shall document that the mombors of tho 
health car e community in tho oor^'io e ar e a, including th e 
D e partments of Social S e rs'io e o and H e alth, have been 
invited to comment on tho proposed project, particularly 
with regard to tbo unit's roforrol moohaniomo and admiaoions 
polici e s for tho m e dically und e ro e rs' e d. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

SECTION .2400 - CRTTERU AND STANDARDS 

FOR ESfTERMEDIATE CARE FACILITY\ 

MENTALLY RETARDED HCF/MR) 

.2402 DEFINmONS 

The definitions in this Rule will shall apply to all rules in 
this Section: 

(1) "Intermediate care facility for the mentally re- 

tarded (ICF/MR)" or p e rsons with r e lat e d condi 
tiono (ICF/MR) s e n . 'ic e a" m e ans those Bors'loos 
pondofod in a facility' or a part of a facility whioh 
i s licensed and oortifiod imdor s tate law with a 



(2) 
(a) 



(b) 



(c) 



(d) 



(e) 



(3) 



primary purpose to provide health or habilitativo 
o e rs'iooo booed on th e dev e lopmental model and tho 
principl e s of normalization for m e ntally retarded 
poiwana of poreono with rolatod oonditiono, e.g., 
epilepsy, oerebfol palsy, autism. — Such facility 
provides sorvioeo to a m e ntally retarded individual 
for whom requooto for paym e nt are mad e und e r a 
plan approved undof Title XIX of the Social 
Security' Act of 1965 (Medicaid) and for whom 
activ e tr e atment is b e ing giv e n, shall have the 
same meaning as defined in G.S. \3\^-\16(\AtL). 
"Active treatment" means: 
regular participation in professionally developed 
and supervised activities, exp)eriences, or thera- 
pies in accordance with an individual plan of 
care; 

an individual plan of care which is a written plan 
that is based on individual choice and s e tting sets 
forth measurable goals or behaviorally stated 
objectives and p f oooribing prescribes an inte- 
grated program of individually designed activi- 
ties, experiences or therapies necessary to 
achieve such goals or objectives; 
an interdisciplinary professional evaluation 
consisting of complete medical, social, or psy- 
chological diagnosis and an evaluation of the 
individual's need for the facility's care, prior to 
admission but not to exceed three months before 
admission to the facility or, in the case of indi- 
viduals who make application while in such 
facility, before requesting payment under the 
plan; 

re-evaluation medically, socially, and psycholog- 
ically, at least annually by the staff involved in 
carrying out the resident's individual plan of 
care, including review of the individual's prog- 
ress toward meeting the plan of care, assessment 
of continuing need for facility care, and consid- 
eration of alternate methods of care; and 
an individual plan (as part of the individual's 
total plan of care) developed prior to discharge 
that is based on individual choice by a qualified 
mental r e tardation developmental disabilities 
professional and other appropriate professionals, 
which includes the present residence, specifying 
the type of care and services that will be needed 
to enable the individual to function in a different 
environment and also includes provisions for 
protective supervision. 
"Qualified M e ntal — R e tardation Developmental 
Disabilities Professional" means a staff person in 
an ICF/MR facility designated to be responsible 
for sujjervising the implementation of each resi- 
dent's individual plan of care, integrating the 
various aspects of the facility's program, record- 
ing each resident's progress and initiating periodic 
review of each individual plan of care. A 



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10:14 



PROPOSED RULES 



Q.M.R.P. Qualified Developmental Disabilities 
P^fessional sust shall meet the minimum quali- 
fications for employment as defined in the 45 42 
CFR 2 4 9 and 1 8 3 483.430 which is incorporated 
by reference including all subsequent amend- 
ments. . 
(4) "Catchment area" means the geographic part of 

the State served by a specific area authority 
("Area authority" means the Mental Health, 
Montal Rotardation Developmental Disabilities. 
and Substance Abuse Authority.) 

Statutory Authority G.S. 131E-177(1),(5); 131E-183. 

.2404 CAPACITY IN THE FACILITY AND IN THE 
HEALTH SERVICE AREA 



bio lioongure Btondarda will bo mot. — Dooumontntion muot bo 
prooontod to indicate that oil oerviooo required by <\5 CFR 
219.13 will b e availabl e qb noodod. 

^ — Tho application must inoludo a oopy of tho admis 
sion/diachorgo policioa and spocify tho propoood working 
r e lationship with th e Ar e a Authority and its Interag e noy 
Council r e garding admioBiono and dioohorgoo of p e roono in 
tho program. 

Statutory Authority G.S. 131E-177(1),(5); 131E-183(b). 

.2406 PROJECT UTILIZATION/OCCUPANCY 

(a) — A propooal to provide now or expanded ICF/MR 
s e r i 'io e o munt project an oooupanoy le' i 'el for th e faoilit)' for 
the first eight cal e ndar quart e rs following th e compl e tion of 

the proposed project. All aosumptionB, including the 

(a) — Proposals to provide ICF/MR BOfS'icoo muot bo qwcific methodologioQ by which oocupancio s aro projected, 



oonoiotent with th e applicabl e Stat e Medical Faciliti e s Plan. 
(fe) — A proposal to provide new or e xpanded ICF/MR 
Bor^'ioos must opxxiify' tho numbor of ICF/MR beds to bo 
operated following tho completion of tho proposed project, 
(o) A propooal to provide expand e d ICF/MR b e ds v ^ 'ill not 
bo approved unleoo th e ov e rall a' i ' e rag e occupancy, over th e 
throe months immediately procoding tho submission of tho 
p r oposal, of tho total numbor of ICF/MR bods within -the 
faoilit)' in which th e n e w bode ar e to b e operated was at 
least 9 p e rc e nt. 

(d) — A proposal to provide ICF/MR beds must comply 
with one of the following models; 

fi^ email r e sidential, six b e ds or l e so, ICF/MR 

community' based — fre e standing — facility, — iverr 
group homo model; or 

(2) community' baa e d — 15 bods or loos, — ICF/MR 

facility to b e d e veloped when th e r e ar e inouffi 
ci e nt oommunit)' bas e d r e sourc e s or oer > 'ioeo 
available in the county or s urrounding catchmont 
area to adequately moot the noods of tho popula 
tion to bo Der . ' e d. 
(e) There ohaU b e no mor e than throe reeid e ntia) faciliti e s 
housing a combined total of 1 8 persons on contiguous pieooo 
of property' . 

(^ — Noti * 'ithstanding Paragraph ( e ) of this Rul e , thos e 
e xi s ting facilities which, prior to April 1, 19 8 9, indicat e d in 
writing to tho Agency an intention to operate an ICF/MR 
housing a totJil of no more than 30 f > ersons on contiguous 
pi e c e s of prop e rty shall b e limited to operating on said 
contiguous prop e rty' e ith e r 30 ICF/MR b e ds or that numb e r 
of beds as indicated in writing to tho Agency, whichever is 
le s s. The Agency shall determine if adequate documentation 
of written intention has b ee n r e c e iv e d by th e Ag e ncy prior 
to April 1, 19 8 9. 

Statutory Authority G.S. 131E-177(1),(5); 131E-183(b). 

.2405 SCOPE OF SERVICES OFFERED 

(a) — A proposal to provide now or expanded ICF/MR 
oofvioos must bo able to domonfltmto that all current applioa 



must b e cl e arly stat e d. 

(b) — A proposal to provid e n e w or e xpand e d ICF/MR 
s orvioofl will not bo approved unles s occupancy i s projected 
to bo at least 90 pwrcont for tho total number of ICF/MR 
b e ds proposed to b e op e rated, — no lat e r than on e y e ar 
following th e compl e tion of the propos e d proj e ct. — AH 
assumptions including the specific mothodologiea by which 
oocupancios are projected, must be clearly stated. 

Statutory Authority G.S. 131E-177(1),(5); 131E-183(b). 

,2407 PROJECTED RESIDENT ORIGIN 

(ft) — A- proposal to provid e ne%v or e xpand e d ICF/MR 
s e ri'io e o muot proj e ct r e sident origin by p e rc e ntag e by 
count)' of rosidonco. All asoumptions, including the specific 
methodology by ' ^ hioh resident origin is projected must bo 
clearly stated. 

(^ — A proposal to provid e n e w or e xpand e d ICF/MR 
services must ^ow that at least 8 peroont of tho anticipated 
fosidont population will bo within 90 minutoo automobile 
driving tim e (on e way) from th e facility' with the exooption 
that this s tandard may b e waiv e d for th e following: 

(4^ residents leaving s tate regional montxil rotordn 

tion centers and psychiatric ho s pitals and enter 
ing community ICF/MR faciliti e s; 

(3) proposalo to s e rve e xclusiv e ly one of th e follow 

autism, opilopay, core 



ing related conditions: 
bral palsy. 



Statutory Authority G.S. 131E-177(1),(5); 13 IE- 183(b). 

.2408 SITE: BUILDING AND EQUIPMENT 

(a) — A propo s al to provid e n e w or e xpanded ICF/MR 
s e rvic e s muot op e oify th e sit e on which the oor^'iooo aro to 
bo operated. — If such site ia neither owned by nor unde r 
option to bo bought by tho proponent, tho prop)onont must 
provid e a written commitm e nt to dilig e ntly puroue acquiring 
tho site if and when health planning approvals are granted, 
must s pecify a s econdary site on which the sorviooo could bo 
operated should acquisition offorts relative to tho primor)' 



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1267 



PROPOSED RULES 



flito ultimatoly fail, and must domonotroto that tho primary 
and B e oondar)' oitoo ar e availabl e for aoquioition. 

(fe) — A propoQol to provide n e w or expand e d ICF/MR 
soF i 'iooa moot cloarly domonstmto that oonaidoration haa 
boon given to tho factors that may delay of provont tho 
d e v e lopment or offering of oon i 'ioee on tho propooed cite. 

(e) — A propooal to provide new or e xpand e d ICF/MR 
sors'icoo must provide documentation to show that the 
sop i 'icoo will be provided in a physical environment that 
oonformo to the roquir e montc of f e d e ral, otate, and looal 
r e gulator)' bodi e s. 

(43 — A proposal to provide now or expanded ICF/MR 
Bor i 'icoo must consider tho site location in relation to the 
availability' of dev e lopm e ntal o e r < 'iooo outoid e th e faoilit)'. 

(e^ — A propooal to provide now or e xpand e d ICF/MR 
Bor^'iooo shall be located within 60 minutoe automobilo 
driving time (one way) of tho rooidenta' day pfogmm(s). 

(4) — A propooal for now or e xpand e d ICF/MR o e P i 'io e o 
muflt have ad e quate provioiono for individual opoo e t and 
accoQS to focroQtion areas and activitioe. 

Statutory Authority G.S. 131E-177(1),(5); 131E-183(b). 

.2409 STAFFING 

(a) — A profHJsol to provide now or expanded ICF/MR 
oervio e o muiJt provide dooumontation to ohow that appropri 
ate numb e rs and t>'p e o of otaff will b e availabl e to support 
tho oerviooo. — The ICF/MR must bo administei'ed by a 
qualified mental retardation profeesionol. 

(fe) — A propooal to provid e n e w or e xpand e d ICF/MR 
o e r . 'io e o muot comply with all f e d e ral, stat e , and looal laws 
and regulations applicable to tho facility's poroonneW 

Statutory Authority G.S. 131E-177(1),(5); 131E-183(b). 

.2410 INFORMATION REQUIRED OF APPLICANT 

(a) An applicant proposing to establish new ICF/MR beds 
shall project ag occupancy level for the entire facility for the 
first eight calendar quarters following the completion of the 
proposed project. The application shall contain all assump- 
tions and the methodology for projecting occupancy. 

(b) An applicant proposing to establish new ICF/MR beds 
shall project resident origin by percentage by county of 
residence. 

(cl An applicant proposing to establish new ICF/MR shall 
specify the primary site on which the facility will be 
located. If such site is neither owned b y nor under option 
by the applicant, the applicant shall provide a written 
commitment to diligently pursue acquiring the site if and 
when a certificate of need application is approved, shall 
specify at least one alternate site on which the facility could 
be located should acquisition efforts relative to the primary 
site ultimately fail, and shall demonstrate that the primary 
site and alternate sites are available for acquisition. 

(d) An applicant proposing to establish new ICF/MR beds 
shall document that the services will be provided in a 
physical environment that conforms with the requirements 



in 10 NCAC 14K and 10 NCAC 14M or 10 NCAC 140. 

(e) An applicant proposing to establish new ICF/MR beds 
shall document that the existing or proposed facility is 
located within 45 minutes normal automobile driving time 
(one-way") of the resident's developmental day programs. 

£f) An a pplicant proposing to establish new ICF/MR beds 
shall document that provisions for recreation areas and 
activities are appropriate to the developmental level of the 
proposed residents. 

(g") The applicant shall identify the Area Authority that 
will serve as the Single Portal of Entry/Exit for the facility. 

Statutory Authority G.S. 131E-177(1),(5); 131E-183. 

.2411 PERFORMANCE STANDARDS 

(a) An applicant proposing to add ICF/MR beds to an 
existing facility shall not be approved unless the overall 
average occupancy, over the six months immediately 
preceding the submittal of &e application, of ^e total 
number of ICF/MR beds within the facility m which the 
new beds are to be operated was at least 90 percent. 

(b) An applicant proposing to establish new ICF/MR beds 
shall not be approved unless occupancy is projected to be at 
least 90 percent for the total number of ICF/MR beds 
proposed to be operated in the entire facility, no later than 
one year following the completion of the proposed project. 

(c") An applicant proposing to establish new ICF/MR beds 
shall comply with one of the following models: 

d) a residential community based freestanding 
facility with six beds or less, i.e.. group home 
model: or 
(2} a community-based facility with 7 to 15 beds if 
documentation is provided that a facility of this 
size is necessary because adequate residential 
community based freestanding facilities are not 
available in the catchment area to meet the needs 
of the fKjpulation to be served. 
(d) No more than three intermediate care facilities for the 
mentally retarded housing a combined total of 18 persons 
shall be developed on contiguous pieces of property. 

Statutory Authority G.S. 131E-177(1).(5); 131E-183. 

.2412 STAFFING AND STAFF TRAINING 

(a) An application for new ICF/MR beds shall document 
that the staffing pattern for the ICF/MR will comply with 
staffing requirements as contained in W NCAC 14K and 
14M or 140 and 42 CFR 483.430 which are incorporated 
by reference including all subsequent amendments. 

(h) An a pplication for new ICF/MR beds shall document 
that the ICF/MR will be administered by a qualified 
developmental disabilities professional. 

Statutory Authority G.S. 131E-177(1),(5); 131E-183. 

SECTION .2500 - CRITERIA AND STANDARDS 
FOR SUBSTANCE ABUSE/CHEMICAL 



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I 



DEPENDENCY TREATMENT BEDS 

.2502 DEFTNiriONS 

The definitions in this Rule will shall apply to all rules in 
this Section: 
(1) " Subotano e abuii e /ohomioal Chemical dependency 
treatment beds" m e ono b e do in: 



► 



(3) 



(4) 



(5) 



(6) 



I 



Statutory Authority G.S. 131E-177(1); 131E-183. 

.2503 CAPACITY DM THE FACILITY 

(a) A pfopoBol for bods in a now or expondod substnnoo 
abuso/chomicol dopondoncy treatment facility' o r unit must 
op e oif^' th e total numb e r of subotano e abuo e /oh e miool 
dep e ndency treatment b e ds to b e op e rated upon th e oomple 



(a) tt unit within a gonornl hospital or an attachod or tion of the propo s ed project, as well aa a breakdown of the 



froofltanding unit of a gonorol hospital lioonsod 
under G.S. Chapter 131E» Articl e S; 

(^ a unit within a fwj'ohiatrio hospital or an attach e d 

or froofltanding unit of a payohiatrio hospital 
lioonsod unde r G.S. Chapte r 1S2, Article 1 A; o r 

(^ a froootanding facility sp e cializing in ch e mical 

dop) e nd e ncy lic e nsed und e r G.S. Chapter 123, 
Article lA; which ore engaged in p r oviding 
24 hour a day troatntont for the disease of 
ohomiool d e p e nd e ncy, including administration 
of a th e rap e utic r e gimen dooignod for the treat 
ment of chomicaUy dopwndont per s ons, or related 
s orviooo. shall have the same meaning as defined 
in G.S. 131E-176(5b). 
(2) "Detoxification beds" means substanc e 
abHseAjhemical dependency treatment beds which 
that are engaged used during that the period of 
time in which when the patient is b e ing physically 
withdrawn withdrawing from ohemioal psycho- 
active substances under medical direction, in orde r 



that be may bo able to participate in rehabilitative 
aotiviti e o. 

"Intensive treatment beds" means substanc e 
abuse^hemical dependency treatment beds which 
that are usod in providing a highly structured 
rehabihtariv e treatm e nt program aft e r th e physical .2504 
withdrawal procooo not detoxification beds . 
"Service Area" means the geographical area from 
which the proponent draws or proposes to draw its 
clients. Health service areas, as defined in the 
chemical def)endency section of the State Medical 
FaciUties Plan, are the basis for bed need projec- 
tions for chemical de[)endency treatment beds. 
"Clinical staff members" means any the employees 
employe es of a substanc e abus e / chemical depend- 
ency treatment program who provides treatment or 
rehabilitation services to a patient. This includes, 
but is not limited to, physicians lioonsod to proo 



tio e m e dicin e in North Carolina, psychologiota 
hconsod to pmctico in North Carolina and alcohol, 
drug, or substance abuso counselors oortifiod by 
th e North Carolina Substanc e Abus e Prof e ssionals 
C e rtification Board. 

"Aftercare plan" means a component of a treat- 
ment plan which provides continued contact with 
the patient after completion of the structured 
treatment process in order to maintain or improve 
on the patient's recovery progress. 



nimibor of bods to bo usod for detoxification and the number 
to bo used for int e nsiv e tr e atm e nt. 

(b) A — propo s al — te — provid e — expanded — substono e 

abuflo/ohomical dopondoncy troatmont bods must domonstrote 
that the overall avomgo oooupancy in that ohomiool depend 
onoy treatm e nt facility' or unit has boon at least 85 p e rcent 
for th e six months immediately pr e o e ding th e submission of 
the proposal. The proponent must present ovidonoo that the 
facility or unit will achieve and maintain operation at an 
occupancy mte of at loaot 8 5 p e rc e nt within 36 months 
following completion of th e proj e ct. 

(e) — A proposal for u new facility' or unit to p r ovide 
subotanoe abuso/chomicol dependency troatmont bods must 
pres e nt e vid e nce that the facility or unit will achi e v e and 
maintain op e ration ot on overage occupancy mt e of at l e oot 
8 5 poroont within 36 months of operation. 

(d) A proposal fo r intensive trootmont beds within a now 
substanc e obuse/ch e micol d e p e nd e ncy treatm e nt facility or 
unit must contain a minimum of 12 intensiv e tr e atm e nt b e ds. 
A proposal for detoxification beds within o now substonoe 
abuso/chemical dependency treatment facility or unit bos no 
minimum numb e r of detoxification b e ds. 



Statutory Authority G.S. 13 IE- 177(1); 13 IE- 183(b). 

CAPACITY IN THE SERVICE AREA AND 
NEED FOR SERVICES 

(a) A proposal for bods in a now or expanded sub s tonoe 
obuso/chomiool dopondoncy troatmont focilit)' or unit must 
id e ntif)' th e e xisting or propos e d s e rvic e or e o and targ e t 
population by county of residence ond by poroont of chomi 
oal dopondoncy troatmont sor>'icos to bo provided to oooh 
county in the s ervice oroo. 

^ — A proposal to provid e o n e w or e xpand e d substanc e 
obus e /oh e mioal d e p e nd e ncy tr e atm e nt facility' or unit must 
identify the capacity and average onnuol oocuponoy level of 
all other s uch bods in the appropriate sorvioo oroo to s how 
that the proposed sors'loos will not unnooossorily duplicate 
e xisting substance obuso/chomiool dep e ndency tr e atm e nt 
programs within the appropriate sorvioo area. 

(o) The methodology usod in the Stoto Medical Facilitie s 
Plan will b e us e d to d e termin e wh e th e r o need exists for 
additional ch e mical d e p e nd e ncy tr e atm e nt b e ds in th e 
oppropriat e s ervice oroo. 

{^ — Propo s als for bods in a now or expondod substance 
obus e /oh e mioal d e p e nd e ncy treatm e nt fooilit)' or unit must 
b e consistent with th e applicabl e North Carolina Stat e 
Medical Focilirio s Plan. Additionolly, proposals must show 
their rolotionship to the noods of the community in the 



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1269 



PROPOSED RULES 



propoQod 80f>'ioo ofoa and to tho applicable health Byatoms 
plan whioh may b e obtained from the applicabl e h e alth 
gyotemfl ag e noy. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.2505 SCOPE OF SERVICES OFFERED 

(a) A pfopoool for bods in a now or expanded substonoo 
abuoo/ohomioal dependency troatmont facility or unit shall 
provide a detail e d program doooription and ohall document 
tho avoilabilit)' of tho following: 

{^ admiooion proooduro s , including procodupo fof 

aocopting emergency odmisgionsi 

^3) client e valuation proo e dur e o, including pr e limi 

naiy evaluation and e otabliohment of an individ 
uol treatment plan; 

(3) treatment — procodureo — aad — s or^'icos — that — ftf© 

ooneiot e nt with acc e pted otandardo of tr e atment 
for oubotxmo e abuoo/ohomioal d e pendency treat 
mont; 

f4) proooduros for referral and follow up of cliontia 

to noooooary outcido oorviooo; 

(5) prooedur e o for involvomont of family in oounool 

ing proooas; 

(^3 proviaion of an aftercare plan; and 

(P^ qualit)' anouronoo/utilizfltion review plan. 

(b^ A proposal to e otablioh or e xpand a oubotono e 

abuflo/cbomical dependency treatment facility shall do e cribo 
and dociunont the facilit)''s existing or proposed relationship 
to oth e r subotanoo abuoo/ohomioal d e p e ndency treatment 
prognuDs in the appropriate sor^'ioo ar e a, including r e f e rral 
relationships. 

(o) A proposal for bods in a new or expanded substance 
abuoo/ohomioal d e p e nd e ncy treatment faoilit)' or unit oholl 
obo' i^ ' that written l e tt e rs of intent or written agr ee m e nts for 
any so fi 'iooe to bo provided on a oontractual basis with tho 
Division of Montal Health, Mental Retardation, and Sub 
stano e Abuoo Son i 'icoo or by oth e r o « r < 'ic « ag e noi e o or 
individuals hav e been mad e , conting e nt upon iocuono e of a 
oortifioato of need. 

{4r) — A proposal for dotoxi Fi cation bodo in a now or 
e xpand e d faoilit)' or unit must: 

(4) b e an int e rnal compon e nt of an e xisting or 

proposed program for treatment of chomiool 
dopondonoy after detoxification; or 
(3) docum e nt that a ref e rral arrang e m e nt will exist 

with a program for tr e atm e nt of ch e mical d e 
pondoncy aftor dotoxification. 
(o) Substance abuflo/chomical dependency treatment bods 
included in proposals for a new or e xpanded unit in a 
hospital lioensod und e r G.S. Chapt e r 13 IE, Articl e 5 or in 
a facility' lic<Mifled under G.S. Chapter 122, j\rticlo lA must 
bo located in a designated unit which is progrommaticolly 
distinct from other oorviooo. 

Statutory Authority G.S. 131E-177(1); 13 IE- 183(b). 



.2506 STAFFING 

(a) A profKwal for an e xpanded subotano e abuoo/ohomioal 
d e p e nd e ncy treatm e nt facility or unit muot dooument tha t 
clinical staff members ore ! 

(43 currently licensed or ooitifiod by the qip r opriate 

stat e lio e noure or o e rtifioation boardo; or 

{Qi) sup e rvis e d by staff who are lioonood or oertifiod 

by tho appropriate state lioonflu r e o r oertifioation 
boards; or 

(3) oupor i 'isod by otaff who or e groduateo of a 

coll e g e or univ e rsity with a baooolauroato or 
advanced degree in a himjon so f vioo r elated field 
and who have documentation of at looat tv t 'o 
years of oupop i isod expori e no e in tho profoooion 
of alooholiom or drug abuoo oouno e lingi 

(b) A proposal for an expanded substtmoe abuoo/ohomioal 
dopopdency troatmont facility or unit muot document that tho 
staffing pattern, — including th e utilization of physioions 
Uoonood to proctio e m e dicin e in North Carolina, meoto the 
appropriate state licenaing mloa governing ohomioal depend 
ency t r eatment faoilitioa. 

(«) — A proposal for a new oubotano e abuoe/ohemioal - 
d e p e nd e ncy tr e atm e nt faoilit)' or unit muot dooum e nt that 
v ^ 'hon operation begins, the oritoria in Pamgrapho (a) and (b) 
of this Rule will bo mot. 

Statutory Authority G.S. 131E-177(1); 13 IE- 183(b). 

.2507 ACCESSIBILrrY 

(a) A proposal for beds in a n e w or e xpanded oubotonoe 
abuo e /oh e mical d e p e nd e ncy treatment faoilit)' or unit ohall 
include the admissions policy for tho facility or unit. T he 
admissiono policy will sfHwify its applioabilit)' to peroonfl 
who ar e : 

(4^ m e dically indigent; 

(3) medicaid bonofioiario s ; 

(^) medioaro bonoficiariofl; 

f4) r e cidivists; 

(^ uninsured pati e nts; 

(4) clients refe rr ed by the local area mental health, 

montal retardation and subotanoo abuse p r ogram; 



(ft) involimtary admissions. 

(b) A proposal for bodo in a now or expanded substance 
abuoo/ohomioal dependency troatPKant faoilit)' or imit muot 
sp e cify th e site for th e o e rvic e o with juotifioation for th e 
location in consid e ration of th e site's proximity to th e 
propoQod target population, support sofvioea, and to publio 
transportation, if any, in the facilit)'' s propo s ed sofN'ioo area. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.2508 CAPITAL: OPERATING AND SERVICE 
COSTS 

(a) A proposal for b e do in a n e w or e xpand e d oubotono e 
abuse/chomicol d e pendency treatment facility o r unit shall 
identify all capital and ofK?rating ooots assooiatod with tho 



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10:14 



PROPOSED RULES 



proposed sorviooo. — It aholl bo domonatratod that the pro 
poo e d proj e ot io finonoiolly f e ooiblo, i.o., that th e propoo e d 
faoility hoo ouffioiont rooouro e o to tind e rtoko tho proj e ct 
without ofodtng the finonoial position of the faoility. 

(b) A — proposal — fef — beds — ia — a — sew — s ubstance 

abuoo/ohomioal dopondonoy tr e atment faoilit)' or unit must 
provid e a thre e year proj e ct e d of annual average coot and 
chorgos for sorvicoa per patient day and pof patient admis 
sion. — A proposal for beds in an expanded facility or unit 
muot show th e impact on e xisting coota and ohargeo p e r 
pati e nt day and per pati e nt admission for th e first thr ee 
yoore of the beds' operation. 

(o) A propooal for beds in a now of expanded aubotonoe 
abuo e /ohomioal dopondonoy tr e atment facility or unit must 
provid e a comparison of oomporabl e ohargoo with oth e r 
existing sofN'ioos in tho seo'ioo afoa. 

(d) A proposal for bods in a now or expanded substance 
abus e /chomioal depend e ncy tr e atm e nt facility or unit must 
proj e ct the oourooo and mix of funds, i.e., p e rc e nt of 
medicaid, medicare, private pay, federal, s tate, and local 
fund s , on well as provisions made for the care of tho 
indigent. 

Statutory Authority G.S. 131E-177(1); 13 lE-1 83(b). 

.2509 QUALITY OF SERVICES 

(a) A propooal for bedo in a n e w or e xpanded substanc e 
abuso/chomical dopondonoy troatmont facility or unit must 
moot the appropriate state lioonoing nilee governing chomical - 
depend e ncy treatment faoilitioo. 

(b) A propooal for bedo in a n e w or e xpand e d oubstimo e 
abuse/chemical dependency treatment facility or unit must 
have policioo and procedure s to evaluate the quality and 
e ff e ctivoneoo of th e program on at l e ant an annual baoio. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.2510 INFORMATION REQUIRED OF APPLICANT 

(a) An a pplicant proposing to establish new intensive 
treatment beds or detoxification beds shall project resident 
origin by percentage by county of residence. All assump- 
tions and the methodology for projecting occupancy shall be 
clearly stated. 

(b) An applicant proposing to establish new intensive 
treatment beds or detoxification beds shall project an 
occupancy level for the entire facility for the first eight 
calendar quarters following the completion of the proposed 
project, including the average length of stay. All assump- 
tions and the methodology for projecting occupancy shall be 
clearly stated. 

(c) If the a pplicant is an existing chemical dependency 
treatment facility, the a pplicant shall document the percent- 
age of patients discharged from the facility that are readmit- 
ted to the facility at a later date. 

(d) An a pplicant shall document that the following items 
are currently available or will be made available following 
completion of the project: 



(1) admission criteria for clinical admissions to the 
facility or unit, including procedure for accept- 
ing emergency admissions: 

(2) client evaluation procedures, including prelimi- 
nary evaluation and establishment of an individ- 
ual treatment plan: 

(3) procedures for referral and follow-up of clients 
to necessary outside services; 

(4) procedures for involvement of family in counsel- 
ing process: 

(5) provision of an aftercare plan; and 

(6) quality assurance/utilization review plan. 

(e) An applicant proposing to establish new detoxification 
beds shall identify the location of each referral souree for 
follow -tip outpatient, residential and rehabilitation services 
located in the proposed service area for clients who have 
completed detoxification. 

(f) An a pplicant shall document the attempts made to 
establish woridng relationships with the health care provid- 
ers and others that are anticipated to refer clients to the 
proposed intensive treatment and detoxification beds. 

(g) An a pplicant shall provide copies of any current or 
proposed contracts or agreements or letters of intent to 
develop contracts or agreements for the provision of any 
services to the clients served in the chemical dependency 
treatment facility. 

(h) An a pplicant shall identify the Area Authority that 
will serve as the Single Portal of Entry /Exit for the facility. 

{i} An a pplicant shall document the provisions that will be 
made to obtain services for patients with a dual diagnosis of 
chemical dependency and psychiatric problems. 

(j) An applicant proposing to establish new intensive 
treatment beds or detoxification beds shall specify the 
primary site on which the facility will be located. If such 
site is neither owned by nor under option by the applicant. 
the applicant shall provide a written commitment to dili- 
gently pursue acquiring the site if and when a certificate of 
need a pplication is a pproved, shall specify at least one 
alternate site on which the facility could be located should 
acquisition efforts relative to the primary site ultimately fail, 
and shall demonstrate that the primary site and alternate 
sites are available for acquisition. 

(k) An a pplicant proposing to establish new intensive 
treatment beds or detoxification beds shall document that the 
services will be provided in a physical environment that 
conforms with the requirements in 10 NCAC 14K and 10 
NCAC 14N which are incorporated by reference including 
all subsequent amendments. 

Statutory Authority G.S. 131E-177(1); 131E-183. 

.2511 PERFORMANCE STANDARDS 

(a) An a pplicant shall not be a pproved unless the overall 
occupancy, over the nine months immediately preceding the 
submittal of the a pplication, of the total number of intensive 
treatment beds and detoxification beds within the facility in 
which the beds are to be located has been: 



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PROPOSED RULES 



(1) 75 percent for facilities with a total of 1-15 
intensive treatment beds and detoxification beds; 
or 

(2) 85 percent for facilities with a total of 16 or 
more intensive treatment beds and detoxification 
beds. 

(b) An applicant shall not be approved unless the overall 
occupancv of the total number of intensive treatment beds 
and detoxification beds to be operated in the facility is 
projected, by the fourth quarter of the third year of opera- 
tion following completion of the project, to bei 

(1) 75 percent for facilities with a total of 1-15 
intensive treatment beds and detoxification beds; 
or 

(2) 85 percent for facilities with a total of 16 or 
more intensive treatment beds and detoxification 
beds. 

(c) The appUcant shall document the specific methodology 
and assumptions by which occupancies are projected, 
including the average length of stay and anticipated recidi- 
vism rate. 

Statutory Authority G.S. 131E-177(1); 131E-183. 

,2512 STAFFING AND STAFF TRAINING 

(a) An applicant proposing to establish new intensive 
treatment beds or detoxification beds shall document that 
clinical staff members will be: 

£1} currently licensed or certified by the a ppropriate 
state licensure or certification boards: or 

(2) supervised b y staff who are licensed or certified 
by the aprpropriate state licensure or certification 
boards. 

(b) An applicant proposing to establish new intensive 
treatment beds or detoxification beds shall document that the 
staffing pattern in the facility is consistent with the staffing 
requirements contained in jO NCAC 14K and 10 NCAC 
14N which are incorporated by reference including all 
subsequent amendments. 

Statutory Authority G.S. 131E-177(1); 131E-183. 

SECTION .2600 - CRFTERIA AND STANDARDS 
FOR PSYCHIATRIC BEDS 

.2603 CAPACITY IN THE FACILITY AND SERVICE 
AREA 

(*) — A propKJSol to provide now or oxpondod psychiatrio 
bods must specify the number of psychiatric bods to bo 
op e rat e d following th e oomplotion of tho propoBod proj e ct. 

(fe^ — An e xisting facility propoaing to provid e additional 
psychiatric beds will not bo approved unices tho ovoroll 
occupancy, ovor th e six months immodiatoly procoding tho 
submiaeion of th e propooal, of th e total numb e r of p e yohiat 
rio bod s within th e facility in which th e b e ds ar e to b e 
opomtod mot tho target oocupancioa citod in tho applioablo 
State Medical Facilitioe Plan: 1 '1 9 bods. 70 poroont; 50 99 



bods, 75 pofoont; 100 219 bodo, 8 0.5 pofoontj 250 300 
b e ds, 8 3 p e rc e nt; and 100 + beds, 8 5 p e rcent. 

^ — A propooal to provide nov t ' poyohiatrio bodo muot 
prooont ovidonoe by estimating tho pfojectod cofiolood that 
tho facility of unit of a hoapitxil will opomto at tho tofgot 
oooupaDoi e o citod in th e State M e dical Faoilitieo Plan: 1 19 
b e ds, 70 p e rc e nt; 50 99 b e do, 75 p e rcent; 100 319 bodo, 
8 0.5 poFcont; 250 399 bodo, 8 3 pofoont; and 4 00 + boda, 8 5 
fwrcont. 

(d) A projxwal to provide new pwyohiatrio bodo, e ither ua 
a n e w unit of a g e n e ral hoopital licono e d under G.S. Chaptor 
13 IE 77, Article 5 or a paychiatric hoopitxil lioonood undo? 
G.S. 122C 23, Article 2, must propose that tho unit or 
facility will have a minimum of ton bods. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.2605 SCOPE OF SERVICES OFFERED 

(ft) — A propooal to provid e now or expanded poyohiatrio 
boda must document tho extent to which tho following will 
be available. If any item wiU not bo available, then oubotan 
tiv e information muot b e giv e n obviating tho nood for that 
item before approval for a now or expanded o e rvio e can be 
oonsidorod! 

(4^ oomprohonsivo — servioo e — which ohall — include 

individual, group and family therapy; medication 
th e rapy; and activitieo th e rapy, including rocro 

(3) emergency scrooning oorviooo for tho tofgotod 

population which ohall includ e o e n'iooo for 
handling e m e rgenoieo on a 21 hour booio either 
in house or through formalized tmnflfer agfoo 
monta; 
(3) e ducational compon e nto if tho propooal io for 
child or adoleooont bodo; 

f43 an aftercare plan. 

(b) — A pfoposol to provide new of expanded p s ychiatric 
beds — sbftH — provid e aoourono e o — Aat — tbe — facility — boo a 
or e d e ntialing proc e dur e by which to review ito otaff. 

(e) — A proposal to provide psychiatric bodo in a hoapitol 
licens e d under G.S. 13 IE 77, i\rticlo 5 shall bo located in 
a separat e and d e oignat e d unit of th e hoopital. 

(d) — A propooal to provide paychiatric bedo in a hoopital 
liconaod under G.S. 122C 23, Article 2 must document that 
psychiatric treatment will bo provided in a oopamto and 
deoignated unit from alcohol and drug treatment if ouch io 
provid e d. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.2607 ACCESSIBILFTY 

A proposal to provide now or expanded paychiatric bods 
must specify' tho site for the ser^'iceo with justification for 
th e location in conoid e ration of th e oite'o proximity to th e 
target population and to public transportation, if any, in th e 
facility's proposed aen'ioo area. 



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PROPOSED RULES 



Statutory Authority G.S. 13 IE- 177(1); 13 IE- 183(b). 

.2608 RELATIONSHIP TO THE EXISTING 
SERVICE NETWORK 

(a^ — A proposal to provide now or oxpondod paychiatrio 
bodo muot deooribo th e faoility's rolationohip with exioting 
oommunity po)'ohiatrio oorvio e providero in th e o e rvioo area. 

(b) — A propoool to provide now or expanded psychiatric 
bodo must domonfltrute that agroomenta for patient Borviooo 
whioh will b e provid e d on u oontrootuol baoio oon b e 
obtain e d r 

Statutory Authority G.S. 131E-177(1); 13 IE- 183(b). 

.2609 CAPITAL: OPERATING: AND SERVICE 
COSTS 

(a) — A proposal to provide now or expanded psychiatric 
bods muDt identify all capital and op e rating oooto aooooiat e d 
with th e propos e d oorvio e o. — Th e proponent muot d e mon 
stmto that its proposal is cost effective and will aooompliBh 
the objootivee and goals that the proposed project is intended 
to oatiofy. 

(^ — A proposal to provid e n e w or e xpanded poyohiatrio 
bods must provide a projootod average cost per admission ^ 
including ancillary charges and other profooaional fees. 
S e parate proj e otiono for child and adoloooont. adult, or 
geriatric shall b e provid e d for e ach of th e s e populations, ao 
appropriate. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.2610 QUALITY OF SERVICES 

(a) A propoool to provide new or expanded psychiatric 
bodo must includ e data on th e hiotorioal r e admiooion rates of 
th e propon e nt, if availabl e . 

(b) — A proposal to provide now or expanded psychiatric 
beds muot have written pwlicio s and prooodurea for the 
protection of th e pati e nto' righto and confid e nt i ality, ao w e ll 
00 pati e nt gri e vanc e proooduroo and vioiting privil e g e s and 
policies. 

{e) — A proposal to provide new or expanded psychiatric 
bedo muot have policiea and proc e dur e s to e valuat e th e 
quality and e ffootiveneoo of th e program on at l e oct an 
annual basis. 

Statutory Authority G.S. 131E-177(1); 13 IE- 183(b). 

.2612 INFORMATION REQUIRED OF APPLICANT 

(a) An applicant proposing to establish new psychiatric 
beds shall project resident origin by percentage by county of 
residence. All assumptions and the methodology for 
projecting occupancy shall be clearly stated. 

(b) An applicant proposing to establish new psychiatric 
beds shall project an occupancy level for the entire facility 
for the first eight calendar quarters following the completion 
of the proposed project, including average length of stay. 
All assumptions and the methodology for projecting occu- 



pancy shall be clearly stated. 

(c) The a pplicant shall provide documentation of the 
percentage of patients discharged from the facility that are 
readmitted to the facility at a later date. 

(d) An a pplicant proposing to establish new psychiatric 
beds shall describe the general treatment plan that is 
anticipated to be used by the facility and the support 
services to be provided, including provisions that will be 
made to obtain services for patients with a dual diagnosis of 
psychiatric and chemical dependency problems. 

(e) The a pplicant shall document the attempts made to 
establish working relationships with the health care provid- 
ers and others that are anticipated to refer clients to the 
proposed psychiatric beds. 

(f) The applicant shall provide copies of any current or 
proposed contracts or agreements or letters of intent to 
develop contracts or agreements for the provision of any 
services to the clients served in the psychiatric facility. 

(g) The a pplication shall identify the Area Authority that 
will serve as the Single Portal of Entry/Exit for the facility. 

(h) The applicant shall document that the following items 
are currently available or will be made available following 
completion of the project: 

(1) admission criteria for clinical admissions to the 
facility or unit; 

emergency screening services for the targeted 
population which shall include services for 
handling emergencies on a 24-hour basis or 
through formalized transfer agreements: 
client evaluation procedures, including prelimi- 
nary evaluation and establishment of an individ- 
ual treatment plan; 

procedures for referral and follow-up of clients 
to necessary outside services; 
procedures for involvement of family in covmsel- 
ing process; 

comprehensive services which shall include 
individual, group and family therapy; medication 
therapy; and activities therapy including recre- 
ation: 

educational components if the application is for 
child or adolescent beds; 
provision of an aftercare plan: and 
quality assurance/utilization review plan, 
(i) An a pplicant proposing to establish new psychiatric 
beds shall specify the primary site on which the facility will 
be located. If such site is neither owned by nor under 
option by the a pplicant, the a pplicant shall provide a written 
commitment to diligently pursue acquiring the site if and 
when a certificate of need a pplication is a pproved, shall 
specify at least one alternate site on which the facility could 
be located should acquisition efforts relative to the primary 
site ultimately fail, and shall demonstrate that the primary 
site and alternate sites are available for acquisition. 

(i) An a pplicant proposing to establish new psychiatric 
beds shall provide documentation to show that the services 
will be provided in a physical environment that conforms 



m. 



m 



£5} 



(6) 



m 
m 



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October 16, 1995 



1273 



PROPOSED RULES 



with the requirements in 10 NCAC 14K and 10 NCAC 14L. 
Statutory Authority G.S. 131E-177(1); 131E-183. 

.2613 PERFORMANCE STANDARDS 

(a) An applicant proposing to add psychiatric beds in an 
existing facility shall not be approved unless the average 
occupancy over the six months inimediately preceding the 
submittal of the application of the total number of licensed 
psychiatric beds within the facility in which the beds are to 
be of>e rated was at least 75 percent. 

(b) An a pplicant proposing to establish new psychiatric 
beds shall not be approved unless occupancy is projected to 
be 75% for the total number of licensed psychiatric beds 
proposed to be operated in the facility no later than the 
fourth quarter of the second operating year following 
completion of the project. 

Statutory Authority G.S. 131E-177(1); 131E-183. 

SECTION .2700 - CRTTERU AND STANDARDS 

FOR MAGNETIC REASONANCE IMAGING 

SCANNER 



.2718 ACCESSIBILITY 

{a^ — i\n applicant that propooos to acquir e a magn e tio 
rooonono e — imaging — ooann e r, — including — a — mobil e — MRI 
scanner, shall provide documontation do s cribing tho mocha 
nism that v ^ 'ill bo used to ensure that tho projected number 
of modioally undoroop i 'ed will b e o e P i ' e d in the faoilit)'. 

(b) Th e applicant shall provid e written admisoiono polioi e fl 
ideotif)'ing any prepayment or depwsit roquiromonts which 
states tho admiooiono roquiromonta for tho following payof 
catogorioo: 

f4^ Medicar e ; 

Medicaid; 



(3) 

(53 Blue Cross and Blue Shield; 

{A) Commercial Insuranc e ; 

(5) Stat e Employees Health Plan; 

(6) Solf Pay (includoe self pay, Lndigont and charity 

coro); and 

f?) Oth e r as identified by the applicant. 

(o) Th e apphooDt shall provid e a written doooription of th e 
billing prooedureo, — including the credit and oolloction 
policioa that will bo utilized by tho facility. 

(d) Th e appUcant shall docum e nt that the m e mb e rs of th e 
h e alth cor e community in the sop i 'ioo ar e a, including th e 
Departments of Social Sofvicoe and Health, have boon 
invited to comment on the profwaed project, particularly 
with r e gard to th e facility's r e ferral m e ohonismfl aad 
admiooions polici e s for th e m e dically undersorved. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.2719 DATA REPORTEVG REQUIREMENTS 

The appUcant s hall agree to provide, up > on tho roquoet of 
tho Division of Facility Sorv i oee, the following typ>oo of data 



and infonnation, — in aocordanco — with data fofuuit and 
r e porting r e quirem e nto — formulated by th e Division of 
Facility S e rvio e o: 

(i) d e mographic data on patienta troatod; 

(3^ financial data; and 

(3^ clinical d atfc- 

Stamtory Authority G.S. 131E-177(1); 131E-183(b). 

SECTION .2800 - CRITERIA AND STANDARDS 
FOR REHABILITATION SERVICES 

.2802 INFORMATION REQUIRED OF APPLICANT 

(a) A propoa al An a pplicant prop>osing to establish new ef 
e xpand e d rehabilitation beds moot shall specify the total 
number of rehabilitation beds in the facility or unit to be 
operated following completion of the proposed project. 

(b) A proposal An appUcant proposing to establish new e* 
e xpand e d rehabilitation beds shall demonstrate that: 

(1) The target population for the new of expanded 
program is sp>ecifically defined; 

(2) Arrangements and resp)onsibilities for adminis- 
tration and medical direction are cl e arly speci- 
fied; 

(3) A plan exists that describes how clinical person- 
nel (e.g., rehabilitative nurses and therapists) 
and ancillary services will be allocated among 
other health service facilitioe or uni te if person- 
nel or services for the rehabilitation beds will be 
shared with other units or facilities: and 

(4) Referral and transfer agreements exist or shall 
be arranged for between the proposed rehabilita- 
tion program or unit and all imits within the 
program, the facility in which the propwsed 
rehabilitation program or unit will be situated, 
and the agencies that are involved in the provi- 
sion of rehabihtation or related supjwrt services 
and are located in the proposed service 
area. 



A program plan for {xutioipation in rooearch and 
educational progrtuns for rehabilitation oxisto; 



(5>- 



(6) Th e program provid e s or eotablisb e o arnmgo 

menta for post inpatient rehabilitation sors'iooa 
and follow up, including outpatient rohabilitation 
ser . 'ioe6. 
£cj An a pplicant proposing to establish new rehabilitation 
beds shall document the proximity of the proposed facility 
or unit to the following services: 
( n support services; 
(2) ancillary services; 
£3} public transportation; 
(4) outpatient rehabilitation clinics; 
(5") home health agencies; 

(6*) group homes for disabled persons, 
(d) An a pplicant proposing to add rehabilitation beds to 
an existing facility shall show the current rehabilitation 



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10:14 



PROPOSED RULES 



patient origin by percentage by county of residence for the 
12 month period immediately precedin2 the submittal of the 
a pplication. All assumptions, including the specific method- 
ology by which patient origin is projected shall be clearly 
stated. 

(e) An a pplicant proposing to establish new rehabilitation 
beds shall project patient origin by percentage by county of 
residence. All assimytions. including the specific methodol- 
ogy by which patient origin is projected shall be clearly 
stated. 

(f) An applicant proposing to establish new rehabilitation 
beds shall project the average length of stay (ALPS) for 
each for the following categories of patients: 

(1) spinal cord: 

(2) traumatic brain injury: 

(3) stroke: and 
£4} pediatric. 

(g) An applicant proposing to establish new rehabilitation 
beds shall project an occupancy level for all rehabilitation 
beds in the facility for each of the first eight calendar 
quarters following completion of the proposed project. The 
a pplicant shall clearly document all assumptions, including 
the specific methodologies by which occupancies are 
projected. 

Statutory Authority G.S. 131E-177; 131E-I83. 

.2803 PROJECTED UTILIZATION/OCCUPANCY 

(a) A proposal to oetablish now or expanded rehabilitation 
b e do must proj e ct an oooupanoy l e v e l for all r e habilitation Statutory Authority G.S. 131E-177; 131E-183(b). 
b e ds in th e faoilit)' by Dp e oialt)' ar e a [ e .g., tmumatio brain 
injury (TBI), stroke, spinal cord injury and pediatrics] and 



(a) A pfopoaal to ostabliah new o f expaadod rohabilitation 
b e ds must proj e ct pati e nt origin by pero^ntag e by county of 
r e oideno e . All atioumptionfl, inoluding the op e oifio methodol 
ogy by which patient origin is p r ojootod must bo oloofly 
stated. 

(b) — A proposal to add r e habilitation b e do to an exioting 
faoilit)' must show th e curr e nt patient origin by p e rc e ntage 
by count)' of roaidonco for the 13 month period immediat ely- 
pfoooding the s ubmittal of the proposal. All uaBumption s , 
including the specific methodology by which patient origin 
is proj e cted must b e cl e arly stat e d. 

Statutory Authority G.S. 131E-177; 131E-183(b). 

.2805 SITE, BUILDING AND EQUIPMENT 

(a) A proposal to ootablish new of expanded rehabilitation 
beds must domonfltmto that the sofvioo s will bo offered in a 
physical e nvironm e nt that confonno to th e requirom e nta of 
f e d e ral, stat e and local r e gulatory bodi e s. 

(b) A propo s al to provide now or expanded rehabilitation 
bods muflt domonstmto that oonaidoration has boon given to 
th e factors that may delay or prev e nt th e d e v e lopm e nt or 
off e ring of s e rvic e s on th e propo se d site and according to 
the proposed timetable. 

(c) A proposal to ootablish new o r expanded rohabilitation 
b e do to s e rv e childr e n H yearo of ag e or young e r ohall 
doocribe how the facility will provid e for th e separation of 
children from adult patients. 



average length of stay (ALOS) for each of the first eight 
calendar quart e rs following compl e tion of the propoood 
proj e ct. — Th e applicant muot cl e arly docum e nt all aooum p- 
tions, — inoluding — the specifio — methodologies by which 
oocupanoioe are projected. 

(b) A proposal to e stablish n e w or e xpand e d r e habilitation 
b e do ohall not b e approv e d unless occupancy is proj e ct e d, 
based on roosonablo assumptions and methodologies, to be 
8 percent for bot^'oon and 4 9 rehabilitat i on bods pro 
posed to bo op e rat e d and 8 5 p e rc e nt for great e r than 19 
r e habilitation b e do propos e d to b e op e rat e d, no lat e r than 
two years following completion of the proposed project. 
For an applicant proposing to expand existing rohabilitation 
b e ds, oooupanoy muot b e proj e cted bas e d on th e facility'o 
total r e habilitation b e d capacit>' inoluding th e total number 
of proposed new rohabilitation beds, the total number of 
lioensod rohabilitation beds and the total number of provi 
ouoly approv e d rehabilitation b e do that w e r e not lio e ns e d at 
the time th e application waa oubmittod. — Th e applicant must 
clearly document all assumptions, Including the specific 
methodologies by which occupancies ore projected. 

Statutory Authority G.S. 13 IE- 177; 131E-183(b). 

.2804 PROJECTED PATIENT ORIGIN 



.2806 REQUIRED STAFFING AND STAFF 
TRAINING 

(a) A proposal An a pplicant proposing to establish a new 
or e xpand e d rehabilitation facility beds naust shall identify 
which of the following rehabilitation services shall be 
provided in the facility upon licensure and of)eration of the 
new or expanded rehabilitation beds: 

(1) Program Manager; 

(2) Occupational Therapy; 

(3) Physical Therapy; 

(4) Physiatrist or a physician who has training and 
exf>erience in providing rehabilitation care; 
Psychology; 
Rehabilitation Nursing; 
Respiratory Therapy; 
Social Work; 

Speech-Language Pathology and Audiology; 
Vocational Rehabilitation; 
Orthotics; 
Prosthetics. 



(5) 
(6) 
(7) 
(8) 
(9) 
(10) 

(11) 
(12) 

(b) A proposal to establish a new or expanded rohabilita 
tion faoilit)' shall identify and justify the number of rohabili 
tation p e rsonnel who ar e proj e cted to have direct contact 
with the disabled p e rson in the provision of each of the 
sorvioofl enumerated in this Rule. 
(o) The applicant shall document the availability and 



10:14 



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1275 



PROPOSED RULES 



pfoximit)' of modioal, rohabilitation, anoillai^' and Qupf > ort 
staff to th e propoood n e * * ' or e xpand e d rehabilitation pro 
gram. 

Statutory Authority G.S. 131E-177; 131E-183. 

.2807 ACCESSffilLITY OF SERVICES 

(a) A propoaol to ootabliiA now or oxpondod rohabilitation 
bodii ohflll provide oaaimnco that tbo facilit)' will bo cortifiod 
for participation in tho Title XIX (Modiooid) and Titl e XVIH 
(M e dioaro) progromi i upon oomplotion of th e proj e ct and 
shall sofs'o Medicaro and Medicaid rocipionta. 

(b) Tbo applicant ohall doecribo tho mochaniom that will 
bo uood to inoure that tho projected numb e r of m e dioally 
undorD e P i 'od pationto will bo oor . ' e d by th e facility. 

(e) — Tho applicant shall provide a oopy of tho writton 
admissions policiea idontify'Lng any propaymont of deposit 
roquirem e nto for th e faoilit)' and cl e arly stating th e admis 
sions r e quiromonto for tho following payor oatogorieo: 

^4^ private pay, 

(3) medicaid beneficiaries; 

^ modioar e bonofioiari e o; 

(4) uninsur e d indig e nt pati e nto; 

^5) undorinsurod indigent pationta; and 

(6) fully insured pationto. 

(d) Th e applicant shall provid e a writton dosoription of 
tho billing procedur e s, — including — th e cr e dit — coll e ction 
policioo, that will bo utilized by tho facility'. 

Statutory Authority G.S. 131E-177; 131E-183(b). 

.2809 RELATIONSHIP TO THE EXISTING 
SERVICE NETWORK 

(a) A prop>ooal to ootablioh a n e w or e xpanded rohabilita 
tion program shall include written polioi e o and proo e dur e e 
which domonfltmto that tho faoilit)' has or will have patient 
referral, transfer and follow up prooeduroe. 

fb) — Th e applicant shall docum e nt th e proximit^f of the 
proposed facility' or unit to th e following sorvicoo: 

(4) support soF i 'iceo; 

(3) ancillary' sor^'icca; 

(^) public transportation; 

(4^ outpati e nt rehabilitation olLnioo; 

{%) homo health agencies; 

(6) group homcM for disabled persons; and 

(7) oth e r sp e cial cor e units or oon i 'icoo. 

(o) A proposal to provid e n e w or e xpand e d r e habilitation 
9or>'icoa muat provide documentation that agonoioG involved 
with tho provision of rehabilitation or related 9upp>ort 
o e p i 'ioeo which ar e locat e d in a count)' from which th e 
applicant proposes it will admit ton percent or more of tho 
facilit)''s total number of pationta have boon invited to 
comment on the propKJsal, particularly with regard to tho 
proposed target population, the referral and admission 
pwlici e o for m e dioally unders e n' e d groups and arrang e m e nts 
fof eoofdlnation of sors'iooa with tho existing health core 
system. 



Statutory Authority G.S. 131E-177; 131E-183(b). 

.2810 PERFORMANCE STANDARDS 

(a) An a pplicant proposing to establish new rehabilitation 
beds shall not be approved imless the average occupancy, 
over the nine months immediately preceding the submittal of 
the application, of the total number of licensed rehabilitation 
beds within the facility in which the new beds are to be 
operated was at least 80 percent. 

(b) An a pplicant proposing to establish new rehabilitation 
beds shall not be approved unless occupancy is projected to 
be 80 percent for the total number of rehabilitation beds to 
be operated in the facility no later than two years following 
completion of the proposed project. 

Statutory Authority G.S. 131E-177; 131E-183. 

SECTION .3100 - CRITERIA AND STANDARDS 
FOR MAJOR MEDICAL EQUIPMENT 

.3103 INFORMATION REQUIRED OF APPLICANT 

(a) An applicant proposing to acquire new major medical 
technology or major medical equipment shall use the Acute 
Care Facility/Medical Equipment application form. 

(b) An applicant shall define a projxjsed service area for 
the major medical equipment or new major medical technol- 
ogy which shall be similar to the applicant's existing service 
area for other health services, imless the applicant docu- 
ments that other providers outside of the applicant's existing 
service area are exf>ected to refer patients to the applicant. 

(c) An applicant shall document its current experience in 
providing care to the patients to be served by the proposed 
major medical equipment or new major medical technology. 

(d) An applicant shall docum e nt th e e otimntod productiv e 
lif e of th e sp e oifio e quipm e nt and whether any improv e 
roontfl con bo oxpoctod during its productive life that would 
roduoo its oapitxil cost, operating cost, — or Incroaao ita 
productivity. 

(d) {^An applicant shall document that the proposed new 
major medical technology or major medical equipment, its 
supplies, and its pharmaceuticals have been approved by the 
U.S. Food and Drug Administration for the clinical uses 
stated in the application, or that the equipment shall be 
operated under protocols of an institutional review board 
whose membership is consistent with the U. S. Department 
of Health and Human Services' regulations. 

(e) (^An applicant propwDsing to acquire new major 
medical equipment or new major medical technology shall 
provide a floor plan of the facility in which the equipment 
will be of)erated that identifies the following areas: 

(1) receiving/registering area; 

(2) waiting area; 

(3) pre-procedure area; 

(4) procedure area or rooms; 

(5) fK)st-procedure areas, including observation 
areas; and 

(6) administrative and support areas. 



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(f) (g)An applicant proposing to acquire major medical 
equipment or new major medical technology shall document 
that the facility shall meet or exceed the appropriate building 
codes and federal, state, and local manufacturer's standards 
for the type of major medical equipment to be installed. 

Statutory Authority G.S. 131E-177(1); 131E-183. 

.3107 ACCESSIBILITY 

(a) Tho applicant ohall provid e docum e ntation doooribing 
the m e ohoniom that will be xio o d to insur e that the projeotod 
number of medically undoreorvod will bo sorvod by tho 
major modioal oquipmont. 

(b) Th e applicant dbaU provid e svritton admiooiono polioi e o Statutory Authority G.S. 131E-177(1); 131E-183. 
identifying any prepayment or d e posit r e quiromonto for th e 
major modioal oquipmont and stating tho admiooion roquiro 



and an o s tabli s hod existing fofowol urological 
practice that will refer patients: and 
(2) the availability and accessibility of acute inpa- 
tient services for patients who experience com- 
plications, 
(b) An applicant proposing to acquire a mobile lithotriptor 
shall provide referral agreements between each host site 
facility and at least one other provider of lithotriptor 
services in the projxjsed lithotriptor service area to docu- 
ment the availability of lithotriptor services if patients 
require them when the mobile lithotriptor is not in service 
at that host facility. 



monta fof pationto in each of tho following payor catogorioo! 
Modioor e ; 






Medioaid; 






Blue CrosB and Blue Shield; 
Commoroial Insuranoo; 



Stat e Employe e o H e alth Plan; 
^6) Self Pay (inoludoo o e lf pay, indig e nt and charity 

caro); and 
f7) Other as idontifiod by tho applicant. 



.3206 DATA REPORTING REQUIREMENTS 

Tho applicant offering lithotripto f nofviooo shall agroe to 
provid e , upon th e r e qu e st of the Divioion of Facility 
S e rvio e o, th e following typoo of data and information, in 
oooordanoo with data format and wyorting foquiromonta 
fufuiulutod by tho Division of Facility I Sofviooo! 

^ d e mographic data on pati e nts tr e at e d; 

(3) financial data; and 

(?) clinical d ator 



(o) Th e appUoant shall provide a written description of th e Statutory Authority G.S. 131E-177(1); 131E-183(b). 
billing prooodur e o, — including th e cr e dit and ooll e otion 
policioo that will bo utilized by tho major modioal equip 



.3207 ACCESSIBILITY 

(a) The applicant oholl p r ovide documentation do a oribing 
(d) Th e applicant shall docum e nt that th e m e mb e rs of th e th e m e chanism that will bo uood to insur e that th e proj e cted 



health cor e community in th e s e rvic e ar e a, including th e 
Dopartmontfl of Social Soi^'iooa and Health, have boon 



number of m e dically und e ro e rv e d will bo oorvod in tho 
facility. 



invitod to comment on tho propo s od projoot, particularly (b) The applicant i Aoll provide written admisaions polioio s 



with r e gard to the r e f e rral m e chanisms and admissions 
polici e s for tho medically und e re e rv e d. 

Statutory Authority G.S. 13 IE- 177(1); 131E-183(b). 

.3108 DATA REPORTING REQUIREMENTS 

Tho applicant shall agroo to provide, upon tho roquo e t of 
tho Division of Facility Sop i 'iooo, the following typo s of data 
and information, in aooordono e with data format and 
r e porting roquir e m e nta — formulat e d by th e Division of 
Facility Sor^'iooo! 

fi) demographic data on patients tfoatod; 

(3) financial data; and 



identifying any pr e paym e nt or d e posit r e quir e ments for tho 
facility end stating th e admission r e quir e ments for patients 
in each of tho following payor catogorio s : 

fl) Medicare; 

(3) M e dioaid; 



(3)- 



clinical data. 



Statutory Authority G.S. 131E-177(1); 131E-183(b). 

SECTION .3200 - CRITERIA AND STANDARDS 
FOR LITHOTRIPTOR EQUIPMENT 

.3204 REQUIRED SUPPORT SERVICES 

(a) An applicant proposing to acquire a lithotriptor shall 
document the availability of the following services: 

(1) on aotivo radiology sorvioo s Radiology services 



(^ Blu e Cross and Blue Shield; 

(4) Conmiorcial Insuranoo; 

(5) State Employees Health Plan; 

(6) S e lf Pay (includes s e lf pay, indigent and charity 

cor e ); and 

(7) Other ao idontifiod by tho applicant. 

(o) Tho applicant shall provide a written dosoription of tho 
billing procedures, — including th e cr e dit and ooll e otion 
polici e s that will b e utiliaod by tho facility. 

(d) TTie applicant shall document that tho mombof s of tho 
health oaro community in tho sorvioo area, including the 
D e partm e nts of Social S e rvic e s and H e alth, have boon 
invit e d to comm e nt on th e propos e d proj e ct, particularly 
with regard to the facility' s referral moohonismfl aad 
admissiona polioios for tho modioally undorservod. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

SECTION .3300 - CRTTEIUA AND STANDARDS 



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FOR AIR AMBULANCE 

.3306 DATA REPORTING REQUIREMENTS 

The applicant shall provide, upon the roquoet of tho 
Division of Facility' SoP i 'iooo, the following t^'poe of data 
and information, — in aooordono e — with data format and 
reporting roquirom e nto — formulat e d by the Division of 
Faoilit)' Sor>'iooo! 

(4) domographio data on patients tranoportod; 

(^ financial data; and 

(3) olinioal da tar 



Statutory Authority G.S. 131E-177(1); 131E-183(b). 

SECTION .3400 - CRITERIA AND STANDARDS 
FOR BURN INTENSIVE CARE SERVICES 

.3401 DEFINrriONS 

The following definitions shall apply to all rules in this 
Section: 

(1) "Approved bum intensive care unit" means a bum 
intensive care unit which was not operational prior 
to the beginning of the review period but which 
had been issued a certificate of need or had been 
acquired developed prior to March 18, 1993 in 
accordance with 1993 N.C. Sess. Laws c. 7, s. 
12. 

(2) "Bum care technician" means: 

(a) a licensed practical nurse; 

(b) an operating room technician; 

(c) an operating room corpsman; or 

(d) a high school graduate with basic nurse aide 
training who has received special education or 
experience in bum treatment care. 

(3) "Bum intensive care services" as defined in G.S. 
131E-176(2b). 

(4) "Bum intensive care service area" means a geo- 
graphic area defined by the applicant from which 
the patients to be admitted to the unit will origi- 
nate. 

(5) "Bum intensive care unit" means a designated area 
within a hospital dedicated to the provision of 
bum intensive care services to severely burned 
patients. 

(6) "Bum specialist" means a registered nurse who 
possesses experience in general nursing and 
experience in or knowledge of intensive nursing 
care and bum treatment care. 

(7) "Existing bum intensive care unit" means a bum 
intensive care unit in operation prior to the begin- 
ning of the review period. 

(8) "Severely burned patient" means a patient that has 
bums covering more than 20 percent of the body 
area or that has bums which require intensive 
treatment, such as, but not limited to: inhalation 
injuries; chemical and electrical bums; bums with 
complications^ such as fractures; bums to the face; 



full thickness bums to the hands and feet; bums 
on patients whose pre-buraed health was known to 
be poor, such as patients with diabetes or heart 
disease; andr bums on patients who are under 5 
and over 60 years of age. 

Statutory Authority G.S. 131E-177(1); 131E-183. 

.3406 DATA REPORTING REQUIREMENTS 

Th e applicant ohall provide, upon th e r e queot of tho 
Division of Facility' S e p . 'io « o, th e following t^^p e o of data 
and information, — in aooordanco — with data format and 
reporting foquiromonta — formulated by the Division of 
Facility S e rs'io e e: 

(4^ d e mographic data on patiento treated; 

(2) financial data; and 



(3>- 



olinioal data. 



Statutory Authority G.S. 131E-177(1); 13 IE- 183(b). 

.3407 ACCESSIBILrTY 

(a) Th e appUoant shall provid e docum e ntation d e ooribing 
th e m e choniom that shall b e uood to e nsur e that th e proj e ct e d 
ntmibof of medically undorsoivod i ^iaU bo s owed in tho unit. 
(fe) — The applicant shall provide a copy of tho written 
admiooionfl polioi e o identify'ing any pr e paym e nt or depooit 
requir e ments for th e facility and stating the admiooiono 
requirements for tho following payor oatogorioa! 

(4^ ModioofOj 

(3) Medicaid; 

^^) Blu e Cross and Blu e Shi e ld; 

(4) Commoroial Inouranoo; 

(5) State Employoofl Hoalth Plan; 

(6) S e lf Pay (inoludeo oolf pay, indig e nt and charity 

cor e ); and 

f?) Other ao identified by tho applicant. 

(o) The applicant shall provide a written doocription of tho 
billing proc e dur e o, including th e cr e dit coll e ction policieO) 
that shall b e utilized by th e facility. 

(d) The applicant shall document that tho member s of tho 
health care community in tho "bum intensive oai - o" sorvioo 
ar e a, including th e D e partm e nts of Social Servioeo and 
H e alth, have boon invit e d to comm e nt on th e propos e d 
projoot, particularly with regard to tho facility's rofofml 
mechanisms and admioaiono policies for tho medically 
und e ro e rv e d. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

SECTION .3500 - CRITERIA AND STANDARDS 
FOR ONCOLOGY TREATMENT CENTERS 

.3502 INFORMATION REQUIRED OF APPLICANT 

(a) An applicant proposing to develop a new oncology 
treatment center shall use the Acute Care Facility/Medical 
Equipment application form. 

(b) An applicant shall also submit the following additional 



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PROPOSED RULES 



infonnation: 

(1) documentation of the number of existing oncol- 
ogy treatment centers and other health service 
facilities which provide similar services in the 
proposed oncology treatment center's service 
area; 

(2) a list of the medical/surgical sf>ecialties in the 
existing oncology treatment centers and other 
health service facilities which provide similar 
services in the proposed oncology treatment 
center service area, such as Radiation-Oncology, 
Medicine-Oncology, and surgical specialties; 

(3) a Ust of the medical equipment that is proposed 
to be acquired; 

(4) documentation verifying the actual cost or 
maricet value of each item of medical equipment, 
whichever is greater; 

(5) documentation that the proposed services shall 
result in an integrated multidisciplinary effort to 
diagnose and treat patients' clinical and psycho- 
social needs; 

(6) a list of all oncology diagnostic, oncology evalu- 
ation, and oncology treatment services that shall 
be available, and documentation demonstrating 
the means by which these services shall be 
provided; 

(7) documentation that coordination and referral 
agreements exist with a hospital, referring 
physicians, and surgical and medical specialists 
and subspecialists; and 

(8) documentation that the services shall be offered 
in a physical environment that conforms to the 
requirements of federal, state, and local regula- 
tory bodies. 

(c) An applicant proposing to acquire radiation therapy 
equipment shall document compliance with 10 NCAC 3R 
.1900, Criteria and Standards for Radiation Therapy 
Equipment. 

(d) An a pplicant proposing to develop a new oncology 
treatment center shall provide: 

£1} the number of patients that are projected to use 
the service, by diagnosis; 

£2} the number of patients that are projected to use 
the service, by county of residence; 

(3} documentation of the maximum number of 
procedures that the equipment in the facility is 
capable of performing and the assumptions used 
to determine the maximum number of proce- 
dures; 

(4) quarterly projected utilization of the a pplicant's 
new equipment for each of the first three years 
after the completion of the project; 

(5) documentation of the effect the new oncology 
treatment center may have on existing oncology 
treatment centers and other health service facili- 
ties which provide similar services in the pro- 
posed oncology treatment center service area; 



and 
(6) all the assumptions and data su pporting the 
methodology used to make the above projec- 
tions. 

Statutory Authority G.S. 131E-177(1); 131E-183. 

.3503 NEED FOR SERVICES 

An applicant proposing to develop on onoolog>' troatmont 
o e nter oholl provid e th e following informnti ^af 

449 th e numb e r of pati e ntfl that are projootod to uoo the 

9or>'ioo, classifiod by diagnoois and by oounty of 
foflidonoe; 

(3) dooum e ntation of th e maximum numb e r of proo e 

dur e o that th e e quipm e nt in th e faoilit)' io capabl e 
of peyfop aiBgt 

^ quoftofly pfojoctod utilization of the applioant'a 

n e w e quipm e nt for e aoh of th e firet thre e y e ars 
after th e compl e tion of th e proj e ct; 

(4) dooumentation of the offoot the now oncology 

troatmont oonto r may have on existing oncology 
tr e atm e nt o e ntero and other health oervioc faoilitioo 
which provide oimilar oorvioeo in the propooed 
oncology troatmont center son'ico afoa; and 
all the aflsumpdonfl and data s upporting the moth 
odolog)' uoed for th e proj e ctiono. 



(5^ 



Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.3506 DATA REPORTING REQUIREMENTS 

Th e appUoant ohall agre e to provid e , upon the roquoot of 
the Division of Facility' S e t vioe s , the following types of data 
and information, in accordance with data fonnat oad 
r e porting requir e m e nts — formulated by the Division of 
Facility Sorviooo: 

(+) demographic data on patients t f oatod; 

(3) financial data; and 

(^) clinical d atar 

Statutory Authority G.S. 131E-177(1); 13 IE- 183(b). 

.3507 ACCESSIBILrrY 

(a) Th e applicant shall provid e dooum e ntation d e ooribing 
the mechanism that will bo used to inouro that the projected 
number of medically underservod will bo s orvod in tho 
facility. 

(b) Th e appUoant shall provide written admiflriono polici e s 
identifying any prepayment or deposit roquiromonta for the 
faoLUty and stating tho admission roquiromonto for patients 
in e ach of th e following poyor cat e gories: 

(4^ M e dicar e ; 



m- 



Medicaid; 



(4>- 



Blue Cros s and Blue Shield; 

Comm e roial Inouranoe; 

State Employooo Health Plan; 

Self Pay (includes self pay, indigent and charity 

core); and 



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1279 



PROPOSED RULES 



^ Qthor ofl idontifiod by tho applicant. 

(o) The applioant dmll provide a v ^ 'ritten ck>ooription of th e 
billing prooedureo, — inoluding tho orodit and ooll e otion 
polioioG that will bo utilized by tho faoilit>'. 

(d) Tho applioant diall dooumont that tho mombow of tho 
health oaro oommunit)' in th e o e rvioo ar e a, inoluding th e 
Dopartmonto of Social Son'io e o and Hoalth, have boon 
invited to oommont on tho proposed projoot, particularly 
with regard to tho facility'8 roforml — mechoniamfl and 
odmiooiono polioioo for tho modioally und e roop i 'od. 

Statutory Authority G.S. 131E-177(1); 13 IE- 183(b). 

SECTION .3600 - CRITERIA AND STANDARDS 
FOR GAMMA KNIFE 

.360€ ACCESSIBILITY 

(a) i\n applicant that propoo e o to aoquir e a gamma knif e 
shall provid e docum e ntation doooribing th e ro e ohaniDm that 
will bo used to ossuro that the projected number of modi 
oally undoroon'od will bo 9or . 'od by tho applicant. 

(b) Th e applicant ehflll provide writton admiooiono polioi e o 
idontify'ing any prepayment or d e pooit requiromonto which 
state tho admiaoions roquiromonta for patients in each of tho 
following payor categorioa! 

{4^ Medicar e ; 



(3)- 



M e dicaid; 



(*) Bluo Cross and Blue Shield; 

(4) Commercial Insumneo; 

(^ Stat e Employooo H e alth Plan; 

(^ S e lf Pay (inoludeo s e lf pay, indig e nt and oharit)' 

care)! and 

^ Other OQ identified by the applicant. 

(o) Th e applicant shall provid e a written d e eoription of th e 
billing proc e dur e s, — inoluding th e cr e dit and coll e ction 
policioa that will bo utilized by tho applicant. 

(d) Tho applicant shall document that the members of tho 
h e alth cor e community in th e gamma knif e o e r < 'io e area, 
including th e D e partm e nts of Social S e rs'lo e e and H e alth, 
have been invited to comment on tho proposed project, 
particularly with regard to tho applicant's fofofml mocha 
nisms — and — admiooions — polioi e o — fef — the — m e dioally 
imd e rs e P i ' e d. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.3607 DATA REPORTEMG REQUIREMENTS 

The applicant shall agree to provide, upon tho request of 
the Division of Facility' Ser . 'ico8, tho foUov i 'ing tj^pos of data 
asd — informat ien-; — in aooordxmo e — with data — format a ad 
r e porting requirements — formulated by th e Division of 
Facility' SoP i 'icos: 

{^ demographic data on patients treated; 

(3) financial data; and 

^ clLnioal d ata?- 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 



SECTION .3700 - CRITERIA AND STANDARDS 

FOR POSITRON EMISSION TOMOGRAPHY 

SCANNER 

.3706 DATA REPORTING REQUIREMENTS 

An applicant shall agree to provid e , upon th e roquoot of 
the Division of Facility' SoP i 'iooo, tho following t^'poo of data 
and information in aooordonoo with data format and foport 
ing requirem e nts formulated by the Division of Facility 
Sorviooo: 

{¥) demogmphic data on patients treated; 

(3) financial data; and 



9h 



clinical data. 



Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.3707 ACCESSIBILITY 

(a) An applioant shall provid e documentation d e ooribing 
the mechanism that v » 'LU bo used to ensure that tho projoctod 
numbor of modioally imderser^'od will be served in tho 
facilit)'. 

(b) An applicant shall provide written admisDionc policioo 
identify'ing any propmygient or deposit requiromonts and 
stating the admission roquiroments for patients in each of tho 
following payor oat e gori e o: 

(4^ M e dicare; 

(3) Medicaid; 

(^) Bluo Cross and Blue Shield; 

(4^ Commoroial Insurono e ; 

(5^ State Employ e oo H e alth Plan; 

(6) Self Pay (iDoludos self pay, indigent and ohorit)' 

care); and 

(7) Qthor as id e ntifi e d by tho applicant. 
(o) An applicant shall provide a V i 'ritton description of tho 
billing procoduroQ, — including tho credit and oollootion 
policies that will bo utilized by tho applicant. 

(d) An applioant shall document that th e m e mb e rs of the 
h e alth core oommimity in th e PET ooonn e r o e n i 'io e area, 
including tho Doportmonts of Social Sorviooe and Hoalth, 
have been invited to oommont on tho proposed project, 
particularly with r e gard to th e applicant's reforral m e oha 
nisms — aad — admioflioB e — polioi e s — fof — Ae — m e dioally 
undoroer>'ed. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

SECTION .3800 - CRITERIA AND STANDARDS 
FOR BONE MARROW TRANSPLANTATION 

.3806 DATA REPORTING REQUIREMENTS 

(ft) — j\n applicant shall agroo to report the results of all 
transplants — te — aa — appropriate — transplant — pogistr)' — [e.g. 
Int e rnational Bone Marrow Transplant R e gistry' (IBMTR) 
for allog e n e ic transplants and the North i\m e rioan Autolo 
gous Bono Marrow Transplant Registry (NAj\BMTR) -fer 
autologous transplants]. 



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(b) An applioant dioll agroo to provide, upon the iH>quoGt 
of th e Divioion of Faoilit)' Sorvio e O) the following tj'poo of 
data and information, in oooordonoo with data fonn ftt-aa4 
foporting roquiromentfl — formulat ed — by the Divioion of 
Facility' Sofviooo! 

fl^ domographio data on pati e nto tr e ated; 

^3^ financial data; and 

(?) olinioal d atftr 

Statutory Authority G.S. 13 IE- 177(1); 131E-183(b). 

.3807 ACCESSffilLITY 

(a) An applicant ahall provide documentation doooribing 
the moohaniom that will be uood to inouro that th e projected 
number of m e dically underoorvod will b e oorvod in th e 
facility. 

(b) i\n applicant ahoU provide written admiosiono polioioo 
id e ntifi'ing any pr e paym e nt or d e posit requir e m e nto for th e 
facility and otatlng th e admisoion roquiremonto for pati e nto 
in each of the following payor catogorioo ! 

(i) Medicare; 

(^ Medicaid; 



^ Blue Crooo and Blu e Shi e ld; 

(4) Commeroial Insurance; 

(5) State Employ ooa Health Plan; 



(4) Self Pay (inoludoo oolf pay, indigent and charity 

car e ); and 
(?) Other 09 identified by the applicant. 

(c) i\n applioant ahall provide a written doooription of the 
billing prooedureo, including th e cr e dit and coll e ction 
polici e s, that will b e utiliz e d by th e facility. 

(d) An applicant oholl document that the membero of the 
health care community in the bono marrow transplantation 
se rvic e ar e a, including th e D e partm e nto of Social S e rvic e s 
nnd H e alth, hav e boon invited to comm e nt on th e propos e d 
project, particularly with regard to the faoilit)'' 9 referral 
mechaniama and odmisBiona polioiofl for the medically 
und e ro e rv e d. 



Statutory Authority G.S. 131E-177(1); 131E-183(b). 

SECTION .3900 - CRITERIA AND STANDARDS 
FOR DIAGNOSTIC CENTERS 

.3902 DEFINmONS 

The following definitions shall apply to all rules in this 
Section: 

(1) "Approved diagnostic center" means a diagnostic 
center that was not operational prior to the begin- 
ning of the review f>eriod but that had been issued 
a certificate of need or had been acquir e d devel- 
oped prior to March 18, 1993 in accordance with 
1993 N.C. Sess. Laws c. 7, s. 12. 

(2) "Diagnostic center" i« shall have the same mean- 
ing as defined in G.S. 131E-176(7a). 

(3) "Diagnostic center service area" , unlooo otherwioe 
defined by the State Medical Facilitioe Plan, 



means the geographic area, as defined by the 
applicant, for which the proposed diagnostic 
center will provide services. 

(4) "Diagnostic procedure" means a discrete diagnos- 
tic procedure with a distinct CPT code or ICD-9- 
CM procedure code performed on one patient 
during one visit to a diagnostic suite. 

(5) "Diagnostic suite" means a single room or group 
of rooms in a diagnostic center which is used for 
the purpose of conducting diagnostic procedures. 

(6) "Essential" means those items which are indis- 
pensable, the ateence of which renders the equip- 
ment useless. 

(7) "Existing diagnostic center" means a diagnostic 
center in operation prior to the beginning of the 
review period. 

(8) "Freestanding diagnostic center" means a diagnos- 
tic center that is not operated as a part of another 
health service facility but rather as a discrete 
business entity. A freestanding diagnostic center 
may be owned by another health service facility 
and may be located on the campus of another 
health service facility. 

(9) "Medical diagnostic equipment" means a single 
piece of diagnostic equipment or a single compo- 
nent of a multi-comfKinent diagnostic system 
which costs ten thousand dollars ($10,000) or 
more, or whose fair market value is ten thousand 
dollars ($10,000) or more. 

(10) "Mobile medical diagnostic equipment" means 
medical diagnostic equipment and transporting 
equipment which is moved to provide services at 
two or more host facilities. 

(11) "Mobile diagnostic program" means the provision 
of diagnostic services using mobile medical diag- 
nostic equipment and transporting equipment at 
two or more host facilities. 

(12) "Radiologic technologist or X-Ray technician" 
means a person who, under the supervision of a 
physician radiologist, operates radiologic equip- 
ment and assists radiologists and other health 
professionals, and whose competence has been 
tested and approved by the American Registry of 
Radiologic Technologists. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.3903 INFORMATION REQUIRED OF APPLICANT 

(a) An applicant proposing to establish a new diagnostic 
center or to expand an existing diagnostic center shall use 
the Acute Care Facility/Medical Equipment application 
form. 

(b) ^Ae An applicant shall also provide the following 
additional information: 

(1) the number, type, cost, condition, useful life and 
depreciation schedule of all medical diagnostic 
equipment that either is proposed to be acquired 



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October 16, 1995 



1281 



PROPOSED RULES 



(2) 



(3) 



(4) 



or is currently owned or operated by the appli- 
cant, and will be part of the diagnostic center 
following completion of the project; 
other than the equipment listed in Subparagraph 
(b)(1) of this Rule, a list of all equipment and 
related components which are necessary to 
p>erform the proposed procedures and services; 
the maximum number of procedures that each 
piece of medical diagnostic equipment in the 
diagnostic center is capable of performing and 
the assumptions used to project capacity; 
a list of all exiting and approved health service 
facihties that operate or existing and have been 
approved to operate medical diagnostic equip- 
ment and diagnostic suites by typ>e and location 
Ln the proposed medical diagnostic equipment 



service area; 



(5) 



the hours of operation of the proposed diagnostic 
center and each proposed diagnostic service; 
the patient origin by percentage by county of 
residence for each diagnostic service provided 
by the apphcant in the 12 month period immedi- 
ately preceding the submittal of the proposal; 
application; 

the projected patient origin by p>ercentage by 
county of residence for each service proposed, 
and all the assumptions and data supporting the 
methodology used for the projections; 
drawings or schematics of the projKised diagnos- 
tic center that identifies a distinct, identifiable 
area for each of the proposed services; and 
a three year capital budget, 
(c) An applicant proposing to establish a new mobile 
diagnostic program shall also provide the following informa- 
tion: 

the number, type and cost of all proposed mo- 
bile medical diagnostic equipment including the 
cost of the transporting equipment; 
other than the equipment listed in Subparagraph 
(b)(1) of this Rule, a list of all equipment and 
related components which are necessary to 
perform the prof>osed procedures and services; 
the number and type of all existing and approved 
mobile diagnostic equipment in the proposed 
mobile diagnostic center service area; 
the maximum number of procedures that each 
proposed piece of medical diagnostic equipment 
is capable of p)erforming and the assumptions 
used to project capacity; 

the name, address and hours of service at each 
host faciUty that is proposed to be served by the 
mobile diagnostic program; and 
copies of letters of intent from, and prof>osed 
contracts with, all of the proposed host facilities 
of the mobile diagnostic program. 
^^) — An applicant proposing to oetnblish a now or to 
e xpand on existing diagnostic center shall identify which of 



(6) 



(7) 



(8) 



(9) 



(1) 



(2) 



(3) 



(4) 



(5) 



(6) 



the following Qor . 'iooo will bo available! 

(4^ oomputorizod tomography (CT) sor^'iooo; 

(3) fluoro s copy o e rvio e o; 

(5) laboratoi^' sors'ioo s ' 

(4) mammography scrooning! 

{§) magn e tic rooonano e imaging (MRI); 

(6) nucl e ar modioino; 

f?) positron omiosion tomography (PET); 

(8) diagnostic fodiology; 

(9) diagnootio ultroflound imaging; and 

(40) oth e r diagnootio soP i 'iooG. 

(e) — An applicant proposing to ootablish a now of to 
expand an existing diagnostic oootof shall demonotmto that 
th e diagnootio o e rs'lo e o will be offered in a ph)'oioal e nviron 
m e nt that oonformo to th e r e quir e ments of federal, otate and 
local regulator^' bodic e . 

(d) (^An applicant shall demonstrate that all equipment, 
supplies and pharmaceuticals proposed for the diagnostic 
center have been certified for clinical use by the U.S. Food 
and E>rug Administration or will be operated or used under 
an institutional review board whose membership is consis- 
tent with U.S. Department of Health and Human Services' 
regulations. 

(e) An applicant proposing to establish a new diagnostic 
center or to expand an existing diagnostic center shall 
provide: 

(1) the projected number of patients to be served, 
classified by diagnosis for each of Ae first 
twelve calendar quarters following completion of 
the project; and 

(2) the projected number of patients to be served by 
county of residence for each of the first twelve 
calendar quarters following completion of the 
project; and 

(3) the projected number and type of diagnostic 
procedures proposed to be provided by CPT 
code or ICD-9-CM procedure code for each of 
the first twelve calendar quarters following 
completion of the project. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.3904 NEED FOR FACILITY 

An applicant proposing to oetablish a now diagnostic 
oontor Of to expand an existing diagnostic center shall 
provide: 

(4^ th e proj e ct e d number of pati e nts to b e o e r i ' e d, 

claasifiod by diagnosis and by count)' of rooidonco 
for each of the first twelve oolondar quarters 
following oompletion of the project; 

(3) th e proj e ct e d numb e r and typ e of diagnootio 

proceduroe proposed to bo provided by CPT code 
or ICD 9 CM procedure code for each of the first 
tv i ' e lv e cal e ndar quart e rs following oompletioH -ef 
the project; 

(^3 documentation — that all existing health ooF^'ioo 

facilitiofl providing similar medical — diagnostic 



1282 



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10:14 



PROPOSED RULES 



(4)- 



oquipmont and sorvioos as proposed in the CON 
application in tfao defin e d diagnootio oontor o e rvio e 
area wore op e rating at 8 0% of th e ntaximum 
numbof of proooduroa tliat the oquipmont ia oapa 
ble of porfonning for the tv ^ 'olvo month period 
immediately pr e c e ding th e oubmittal of th e appli 
oation; 

documentation — that all existing and approved 
medical diagnoatio oquipmont and s or^'ioo s of the 
typ e propooed in th e CON application or e pro 
jeoted to bo utilized at 8 0% of th e maximum 
number of proooduroo that the oquipmont is oapa 
ble of performing by the fourth quarter of -fee 
third y e ar of op e ration after initiation of diagnootic 
o e P i 'io e o; 

documentation — that — the applicant'o — utilization 
projections are based on the oxporionoe of the 
provid e r and on e pid e miological otudi e s; and 
all th e atMumptiono and data supporting th e m e th 
odologioa used for the p r ojootions in thi s Rule. 



Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.3907 DATA REPORTING REQUIREMENTS 

The applicant shall agree to provide, upon the request of 
the Division of Faoilit)' Services, the following tj^pes of data 
and information, in accordance with th e data format and 
reporting roquiromonta — formulated by the Division of 
Faoilit)' Sorvioofl! 

(1) domogmphic data on pati e nts r e c e iving B e n i 'lc e s; 

(3) financial data; and 






ollnioal data. 



(^ 



Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.3908 ACCESSIBILITY 

(a) The applicant shall provide documentation describing 
th e meohanism that will b e us e d to insur e that th e proj e cted 
number of m e dically und e rs e rv e d will b e serv e d in th e 
facility. 

(b) The applicant shall provide written admissions policies 
identifying any prepayment or d e posit roquirem e nto for th e 
facility and stating th e admission r e quir e m e nts for th e 
patients in each of the following payor oategorioei 

(i) Modicaro; 



m- 



M e dicaid; 



^ Blu e Cros s and Blu e Shi e ld; 

(4^ Commorcial Insuranoe; 

(#) State Employees Health Plan; 

(6^ S e lf Pay (inoludoo self pay, indigent and charity 

car e ); and 

(?) Other as identified by the applicant. 

(o) The appUeant shall provide a written description of the 
billing proo e dur e o, — including the credit and collection 
polici e s that will b e utilized by th e faoilit>'. 

(d) The applioont shall document that the membe r s of the 
health care oommunity in the diagnostic center son i 'ioo area, 



including existing current provider s of diagnostic sorvieefl, 
have been invited to comm e nt on th e proposed project, 
partioularly with r e gard to th e fiioility's ref e rral meohanismn 
and admissions policies for the modicolly imdersor^'ed. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.3909 PERFORMANCE STANDARDS 

An a pplicant proposing to establish a new diagnostic 
center or to expand an existing diagnostic center shall 
provide: 

(1) documentation that all existing health service 
facilities providing similar medical diagnostic 
equipment and services as proposed in the CON 
a pplication in the defined diagnostic center service 
area were operating at 80% of the maximum 
number of procedures that the equipment is capa- 
ble of performing for the twelve month period 
immediately preceding the submittal of the appli- 
cation; 

(2) documentation that all existing and approved 
medical diagnostic equipment and services of the 
type proposed in the CON a pplication are pro- 
jected to be utilized at 80% of the maximum 
number of procedures that the equipment is capa- 
ble of performing by the fourth quarter of the 
third year of operation following initiation of 
diagnostic services: 

(3) documentation that the a pplicant's utilization 
projections are based on the experience of the 
provider and on epidemiological studies; and 

(4) all the assumptions and data supporting the meth- 
odologies used for the projections in this Rule. 

Statutory Authority G.S. 131E-177(1); 131E-183. 

SECTION .4000 - CRITERIA AND STANDARDS 

FOR SOLID ORGAN TRANSPLANTATION 

SERVICES 

.4002 INFORMATION REQUIRED OF APPLICANT 

(a) An applicant proposing to establish a new solid organ 
transplantation service or to expand an existing solid organ 
transplantation service shall use the Acute Care Facil- 
ity/Medical Equipment application form. 

(b) An applicant proposing to e stablish a n e w oolid organ 
transplantation o e rs'io e or to e xpand on e xioting solid organ 
transplantation service s hall demonstrato that it is an 
academic medical center teaching hoopitol with aooroditod 
r e oid e noioo or foUowohipo r e lated to oolid organ transplanta - 
tion, including but not limited to: g e n e ral surg e ry, thomoio 
surgery, and intomal medicine. 

(b) (^The applicant shall provide a copy of its procedures 
for selecting transplant candidates and for distributing 
organs which are consistent with UNOS guidelines. 

(c) ^Tbe applicant shall provide letters of agreement or 
contracts with either an independent organ procurement 



10:14 



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October 16, 1995 



1283 



PROPOSED RULES 



organization or a hospital -based organ procurement organi- 
zation. The letters shall demonstrate the capability to 
provide sufficient numbers of organs to support the mini- 
mum activity level for the applicable type of organ trans- 
plantation proposed in the application. 

(d) fe) The applicant shall document collaboration with 
experts in the fields of hepatology, cardiology, pediatrics, 
infectious disease, nephrology, renal dialysis, pulmonary 
medicine, respiratory therapy, pathology, immunology, 
anesthesiology, physical therapy, and rehabilitation. The 
documentation shall include, but not be limited to, a plan of 
operation detailing the interaction of the transplant service 
and the stated specialty areas. 

(e) f^ An applicant that proposes to establish a joint 
sharing arrangement for organ transplantation services which 
involves more than one hospital shall demonstrate all of the 
following: 

(1) all hospitals in the joint sharing arrangement are 
geographically proximate to permit cost-effective 
sharing of resources; and 

(2) a single hospital site has been designated where 
the organ transplant surgical procedures will 
shall be performed which involves both adult 
and pediatric organ transplant procedures, except 
one hospital site may be designated where all 
adult organ transplant procedures will be per- 
formed and another hospital site may be desig- 
nated where all pediatric organ transplant proce- 
dures will be performed if both hospital sites are 
part of the joint sharing arrangement. 

(f) (g)The applicant shall demonstrate that transplantation 
services win shall be offered in a physical environment that 
conforms to the requirements of federal, state and local 
bodies. 

(g) ^An applicant proposing to establish a new solid 
organ transplantation service or to expand an existing solid 
organ transplantation service shall include drawings or 
schematics of the propwsed project that identify the location 
of the operating rooms in the hospital where transplantation 
procedures will be performed. 

(h) ^An applicant proposing to establish a new solid 
organ transplantation service or to expand an existing solid 
organ transplantation service shall project the number and 
type of transplantations by CPT code or ICD-9-CM proce- 
dure code by distinct transplantation service for each of the 
first twelve calendar quarters following completion of the 
proposed project. 

(i) 0An applicant proposing to establish a new solid 
organ transplantation service or to expand an existing solid 
organ transplantation service shall project patient origin by 
state and by county for North Carolina residents and shall 
indicate the percentage of total patients to originate from 
each State and county. 

Statutory Authority G.S. 131E-177(1); 131E-183. 

.4003 REQUIRED SUPPORT SERVICES 



An af)plicant proposing to establish a new or to expand an 
existing solid organ transplantation service shall demonstrate 
that it offers all of th e following item s : the services listed in 
this Rule or shall provide documentation obviating the need 
for an item: 

(1) operating and recovery room resources; 

(2) intensive care faciUties allowing reverse isolation; 

(3) microbiology and virology laboratory; 

(4) laboratory facilities for histocompatibility testing 
that are certified by the American Society for 
Histocompatibility and Immimogenetics; 

(5) a multidisciplinary plan for providing rehabilita- 
tion; 

(6) CT scanning; 

(7) nuclear medicine; 

(8) magnetic resonance imaging; 

(9) duplex ultrasound scanning for liver, pancreas and 
kidney transplantation; 

(10) pulmonary medicine; 

(11) cardiology; 

(12) an acute hemodialysis unit; 

(13) a state certified social worker with a master's 
degree in social work who is available for inpa- 
tient and outpatient ongoing support of both the 
patient and family; 

(14) a licensed practicing psychologist or licensed 
psychological associate who is available for inpa- 
tient and outpatient ongoing support of both the 
patient and family; 

(15) a psychiatrist who is available for inpatient and 
outpatient ongoing sufiport of both the patient and 
family; 

(16) full-time organ transplant coordinator(s); 

(17) an on-going program of community -based post- 
transplantation care; 

(18) basic and clinical laboratory research; 

(19) an activo. formal existing research program that is 
currently conducting research related to the pro- 
posed organ transplantation service; 

(20) an establiflhod a written organ donation protocol, 
with brain death protocol, consistent with North 
Carolina law; aad 

(21) an e otabliohod existing program to promote organ 
donation at the applicant's ho s pital, hospital: and 

(22) a nursing team trained in immunosuppression 
management including isolation techniques and 
infection control methods. 

Statutory Authority G.S. 13 IE- 177(1); 13 IE- 183. 

.4004 ADDITIONAL REQUIREMENTS FOR 
HEART, HEART/LUNG OR LUNG 
TRANSPLANTATION SERVICES 

(«) — An applioant propooing to ootablioh a n e w h e art or 
h e art/lung tronoplantation oers'ioo shall docum e nt that no 
mofo than two heart or hoart/lung transplantation aorviooa 
shall bo located in tho oamo solid organ transplantation 



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10:14 



PROPOSED RULES 



sefvioo area following oomplotion of the pfojoct. 

(a) ^An applicant that propoo e o proposing to establish a 
new heart or heart/lung transplantation service shall project 
a cumulative minlmiim of 15 heart or heart/lung transplanta- 
tion procedures by the end of the second full year of 
operation following the date on which the first heart or 
heart/lung transplant procedure is jjerfonned. 

(b) (e)An applicant proposing to establish a new heart or 
heart/lung transplantation service or to expand an existing 
heart or heart/lung transplantation service shall demonstrate 
that it offers all of tho following the services listed in this 
Rule or shall provide documentation obviating the need for 
an item : 

(1) a histocompatibility laboratory, or a written 
agreement with such a laboratory; 

(2) anatomic and clinical pathology with an ap- 
proved residency program; 

(3) 24-hour angiography; 

(4) an intensive care unit with 24-hour per day 
resident coverage; 

(5) a continuously available coagulation laboratory; 

(6) a blood bank capable of providing 20 units of 
blood, platelets, and fresh blood products on 
demand; and 

(7) availability of cardiopulmonary bypass on a 24 
hour basis. 

(d) — An applioont propooing to e stablioh a n e w lung 
tronsplontation B e rvico rfioll documont that no more than two 
lung trnnaplantation sorviooe shall bo looatod in tho some 
s olid organ tmnoplontation o e rvio e ar e a following compl e tion 
of th e proj e ct. 

(c) (e)An appUcant that proposes to establish a new lung 
transplantation service shall project a cumulative minimum 
of 15 lung transplantation procedures by the end of the 
second full year of operation following the date on which 
the first lung transplantation procedure is performed. 

(d) (f)An applicant proposing to establish a new lung 
transplantation service shall demonstrate that it offers all of 
th e following the services listed in this Rule or shall provide 
documentation obviating the need for an item : 

(1) a histocompatibility laboratory, or a written 
agreement with such a laboratory; 

(2) anatomic and clinical pathology with an ap- 
proved residency program; 

(3) 24-hour angiography; 

(4) an intensive care unit with 24-hour per day 
resident coverage; 

(5) a continuously available coagulation laboratory; 

(6) a blood bank capable of providing 20 units of 
blood, platelets, and fresh blood products on 
demand; and 

(7) availability of cardiopulmonary bypass on a 24- 
hour basis. 

Statutory Authority G.S. 131E-177(1); 131E-183. 

.4005 ADDITIONAL REQUIREME^^^S FOR LIVER 



TRANSPLANTATION SERVICES 

(«) — An applioont propooing to e otablioh a new liv e r 
tranopluntation oervioe or to e xpand an e xioting liver 
transplantation sorvioe aholl document that no moro than 2 
live i* tran s plantation eofviooe ohall bo looatod in the aamo 
solid organ tianoplantation oervioe ar e a following compl e tion 
of th e proj e ct. 

(a) (b)An applicant proposing to establish a new liver 
transplantation service shall project a cumulative minimum 
of 15 liver transplantation procedures by the end of the 
second full year of operation following the date on which 
the first liver transplant procedure is performed. 

(b) ^An applicant proposing to establish a new liver 
transplantation service or to expand an existing liver 
transplantation service shall demonstrate that it either: 

(1) operates an existing renal transplant service; or 

(2) has a written agreement with a renal transplant 
service that ensures that the professional exper- 
tise of the renal transplant service is readily 
available to the proposed liver transplantation 
service. 

(c) (4)An applicant proposing to establish a new liver 
transplantation service or to expand an existing liver 
transplantation service shall demonstrate that it offers all of 
tho following itom si- the services listed in this Rule or shall 
provide documentation obviating the need for an item: 

(1) a histocompatibility laboratory, or a written 
agreement with such a laboratory; 

(2) anatomic and clinical pathology with an ap- 
proved residency program; 

(3) 24-hour angiography; 

(4) an intensive care unit with 24-hour per day 
resident coverage; 

(5) veno-venous bypass equipment that does not 
require heparin; 

(6) adult and pediatric (as appropriate) gastroenter- 
ologists and hepatologists on the active medical 
staff who meet UNOS criteria for transplant 
physicians and surgeons; 

(7) endoscopic retrograde cholangiopancreatography 
(ERCP) availability; 

(8) [>ercutaneous cholangiogram availability; 

(9) a rapid blood infusion system; 

(10) percutaneous liver biopsy capability; 

(11) hemoperfusion ; 

(12) a rapid red blood cell (RBC) saver system; and 

(13) duplex ultrasound. 

(d) (^The applicant shall establish and maintain all of the 
following: 

(1) nuclear HID biliary scan availability; 

(2) continuously available coagulation laboratory; 
and 

(3) a blood bank system capable of providing 200 
units of blood or packed cells, 100 units of 
plasma on demand, 24 units (or four adult 
doses) of platelet concentrates and 30 units of 
cryoprecipate on demand. 



10:14 



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October 16, 1995 



1285 



PROPOSED RULES 



Statutory Authority G.S. 131E-177(1); 13 IE- 183. 

.4006 ADDITIONAL REQUIREMENTS FOR 

PANCREAS TRANSPLANTATION SERVICES 

fft^ — i\d applicant pfopooing to ostabliah a now peuicroofl 
tranoplantation oorvio e or to expand on e xioting panorooo 
tmnoplantntion oon'io e ohall dooumont that no mor e than 2 
panoroas transplantation aowiooo rfiall bo located in the aomo 
solid organ tronaplantation sotvioo afoa following oomplotioft 
of th e proj e ct. 

(a) (b)An applicant proposing to establish a new pancreas 
transplantation service or to expand an existing pancreas 
transplantation service shall project a cumulative minimum 
of 10 pancreas transplantation procedures by the end of the 
second full year of ofwration following the date on which 
the first pancreas transplant procedure is performed. 

(b) (e)An applicant proposing to establish a new pancreas 
transplantation service or to expand an existing pancreas 
transplantation service shall demonstrate that it offers all of 
the following the services listed in this Rule or shall provide 
documentation obviating the need for an item: 

(1) a histocompatibility laboratory, or a written 
agreement with such a laboratory; 

(2) anatomic and clinical pathology; 

(3) 24-hour angiography; 

(4) an intensive care unit with 24-hour p>er day 
resident coverage; 

(5) approved on-site renal transplant services; 

(6) physicians with rehabilitation exi>ertise; 

(7) both adult and p)ediatric surgeons, as appropri- 
ate; and 

(8) both adult and pediatric diabetologists, as appro- 
priate, on the active medical staff. 

(c) ^The applicant shall establish and maintain all of the 
following: 

(1) insulin, 

(2) C-peptide, 

(3) glycosylated hemoglobin assays, and 

(4) glucometer glucose assays. 

Statutory Authority G.S. 131E-177(1); 13 IE- 183. 



transplantation seivice shall demonstrate that it provides ati 
of th e following: the services listed in this Rule or shall 
provide documentation obviating the need for an item: 

(1) a histocompatibility laboratory, or a written 
agreement with such a laboratory; 

(2) an intensive care unit with 24-hour per day 
resident coverage; 

(3) inpatient renal dialysis services; 

(4) available freestanding renal dialysis clinic ser- 
vices; 

(5) pre-dialysis, dialysis and post-transplantation 
nutritional services; 

(6) bacteriologic services; 

(7) biochemical services; 

(8) pathological services; 

(9) radiologic services; and 

(10) ophthalmology retinal eye services. 

Statutory Authority G.S. 131E-177(1); 131E-183. 

.4008 ADDITIONAL REQUIREMENTS FOR 

INTESTINE TRANSH.ANTATION SERVICES 

As — applicant — propooing to a otablioh — a n e w inteotin e 
tfansplontation sof^'ioo or to expand on oxisting intootino 
transplantation sors'ioo shall document that no more than two 
intootino tranflplantation a e rsiooo tJiall b e located in th e oom a 
Dolid organ truniiplantation o e r i io e area following compl e tion 
of the project. 

Statutory Authority G.S. 131E-177(1); 13 IE- 183(b). 

.4010 NEED FOR SERVICES 

The applicant shall pfovide a doeoription of the data 
oourooo used to proj e ct utilization, aoo e oomonts of th e 
accuracy of th e data, the otatietiool m e thod uo e d to make the 
projootions, the expected volume of organs that will be 
available for transplantation and the anticipated relationship 
between projootod volumes and pati e nt outcomes. — 3ii8 
information shall b e s e t out oepamtoly for e ach t)'p e of solid 
organ transplantation scrvioo that the applicant proposes to 



.4007 ADDITIONAL REQUIREMENTS FOR 

KIDNEY TRANSPLANTATION SERVICES 

{ei) — An applicant proposing to establish a now kidney 
tranoplantation s e rvic e or to e xpand on e xisting kidn e y 
transplantation s e r . 'io e shall document that no mor e than 2 
kidney transplantation sorsioos shall bo located in the some 
solid organ transplantation sor>ioo area following completion 
of th e proj e ct. 

(a) (b)An applicant proposing to establish a new kidney 
transplantation service shall project a cumulative minimum 
of 25 kidney transplantation procedures by the end of the 
second full year of operation following the date on which 
the first kidney transplant procedure is performed. 

(b) (e)An applicant prop>osing to establish a new kidney 
transplantation service or to expand an existing kidney 



Statutory Authority G.S. 131E-177(1); 131E-183(b). 

.4011 DATA REPORTING REQUIREMENTS 

Th e applicant shall agr ee to provid e , upon th e r e quest of 
th e Division of Facility' Sorviooo, th e following typ e s of data 
and information, in acoordanoo with data format aad 
reporting requirements formulated by the Division of 
Facility' S e rvices: 

ft) d e mographic data on pati e nts tr e ated; 

(3) financial data; and 

(3^ clinical data. 

Statutory Authority G.S. 131E-177(1); 131E-183(b). 
.4012 ACCESSIBILITY 



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10:14 



PROPOSED RULES 



(tt^ An applicant proposing to establish a new solid organ 
transplantation service or expand an existing solid organ 
transplant service shall document the procedures that will be 
used to ensure that patient selection criteria is public, fair 
and equitable with primar>' public and that screening is 
based on medical suitability which is designed to offer 
transplantation to those who can benefit the most from it in 
terms of probability of hving for a significant jseriod of time 
with a reasonable prospect of rehabilitation. 

(b) The applicant oboll provide written admiooiono polioioo 
id e ntif^'ing any prepaym e nt or d e posit r e quir e m e nts for th e 
facility and stating the odnuBoion roquiromonts for pationta 
in each of the following payor oatogorioG! 
(4^ M e dicaid; 



(3>- 



M e dicar e ; 



(?) Blue Cross and Blue Shield; 

(4) Commercial Insuronco; 

(5) State Employooo Health Plan; 

(6) S e lf Pay (inolud e o s e lf pay, indig e nt and charity 

care); and 

(7) Other as identified by the applicant. 

(o) The applicant ohoU provide a written d e scription of th e 
billing proo e dur e o, — including th e cr e dit and ooU e otion 
policiofl, that will bo utilized by the facility. 

fd) — TTio applicant shall doocribo the pfocodufoo fof the 
r e f e rral of pati e nts from on e institution to anoth e r institution 
when spaoo, p e rsonn e l or other limitations prev e nt th e 
referring institution from timely sor i 'ing the patient's needs. 
(o) The applicant shall document that the mombors of the 
health cor e oonimunity in th e solid organ transplantation 
ser^'io e ar e a, including all provid e rs of solid organ trans 
plantation sor i 'ico s and organ procuromont organizations in 
North Carolina have boon invited to comment on the 
propos e d proj e ct, particularly with r e gard to th e facility's 
r e f e rral m e ohanisms and admiooions polici e s for th e m e di 
colly undoroorved. 

(f) An applicant proposing to establish a now solid organ 
transplantation s e rvice or to expand an e xisting solid organ 
transplantation s e rvic e diall provid e docum e ntation d e sorib 
ing tho mechanism for donor/patient oompatibilit)' that will 
fee — u s ed — te — ensure — that — the — uninsure d — and — medically 
und e rs e rvod will have acc e ss to solid organ transplantation 



Statutory Authority G.S. 131E-177(1); 13 IE- 183. 

SECTION .4100 - CRITERIA AND STANDARDS 
FOR PEDIATRIC C^ENSIVE CARE SERVICES 

.4102 INFORMATION REQUIRED OF APPLICANT 

(a) An applicant proposing to develop a new pediatric 
intensive care unit or to add a bed to an existing pediatric 
intensive care unit shall use the Acute Care Facility/Medical 
Equipment application form. 

(b) The applicant shall also submit the following addi- 
tional Information: 

(1) the number of designated pediatric intensive care 



beds currently operated by the applicant and the 
number of designated pediatric intensive care 
beds to be operated following completion of the 
proposed project; 

(2) documentation of the applicant's experience in 
treating pediatric patients at its facility during 
the past twelve months, including: 

(A) the number of {>ediatric trauma patients pro- 
vided emergency room services; 

(B) the number of pediatric patients provided 
surgical and emergency surgical services; 

(C) the number of inpatient days of care provided 
to pediatric patients; and 

(D) the number of pediatric patients treated and 
referred to a pediatric intensive care unit in 
another facility; 

(3) the number of patients, by county of residence, 
in the proposed pediatric intensive care service 
area that are projected to need pediatric intensive 
care services in each of the first twelve quarters 
of operation following the completion of the 
project; also, all assumptions and methodologies 
for projecting need shall be stated; 

(4) the projected number, by county of residence, of 
those patients identified in response to Item (3) 
of this Rule that are projected to be served in the 
applicant's facility in each of the first twelve 
calendar quarters following completion of the 
profKDsed project; also, all assumptions and 
methodologies for projecting utilization shall be 
stated; 

(5) documentation that at least 90 percent of the 
anticipated patient papulation is within 90-minute 
automobile driving time one-way from the 
facility, unless the applicant demonstrates that its 
facility provides: 

(A) specialized levels of pediatric intensive care 
services to a large and geographically diverse 
]x>puIation, or 

(B) air ambulance services; 

(6) documentation that the existing and approved 
p)ediatric intensive care units in the same service 
area and adjacent service areas are unable to 
accommodate the projected need for pediatric 
intensive care services; 

(7) documentation that the services shall be offered 
in conformance with the requirements of federal, 
state, and local regulatory bodies; 

(8) correspondence from physicians, hospitals, or 
other health care facilities documenting their 
intent to refer {Mtient's to the applicant's pediat- 
ric intensive care unit; 

(9) evidence of the applicant's capability to commu- 
nicate effectively with emergency transportation 
agencies; 

(10) copies of written policies that provide for paren- 
tal participation in the care of the child, as the 



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1287 



PROPOSED RULES 



child's condition permits, in order to facilitate 
family adjustment and continuity of care follow- 
ing discharge; 

(11) copies of written policies and procedures regard- 
ing the operation of the pediatric intensive care 
unit, including but not limited to the following: 

(A) the admission and discharge of patients; 

(B) infection control; 

(C) safety procedures; and 

(D) the triaging of patients requiring consultations, 
including the transfer of patients to another 
facility; 

(E) the protocol for obtaining emergency physician 
care for a critically ill child. 

(12) documentation that the proposed service shall be 
operated in an area of the facility that is orga- 
nized as a physically and functionally distinct 
entity and that has controlled access; 

(13) a detailed floor plan of the proposed area drawn 
to scale; and 

(14) documentation that unit staff shall be able to 
observe all patients from at least one vantage 
point. 

Statutory Authority G.S. 13 IE- 177(1); 13 IE- 183. 

.4103 REQUIRED PERFORMANCE STANDARDS 

(a) An applicant prop>osing to develop a new pediatric 
intensive care unit or to add a bed to an existing pediatric 
intensive care unit shall demonstrate that the following 
standards are met: 

( 1 ) the overall average annual occupancy rate of the 
number of beds in the applicant's existing pedi- 
atric intensive care unit for the twelve months 
immediately preceding the submittal of the 
application proposal of the numbof of bods in 
the applicont'fl existing pediatric Intonsivo core 
tffiit shall have been at least 70 percent in units 
with 20 or more pediatric Intensive care beds, 
65 f)ercent in units with 10-19 pediatric Intensive 
care beds, and 60 percent in units with 1-9 
pediatric Intensive care beds; and 

(2) the projected annual occupancy rate of the 
applicant's propoood new or expanded pediatric 
intensive care unit in the third year of operation 
following completion of the proposed project 
shall be at least 70 percent in units with 20 or 
more pediatric intensive care beds, 65 percent in 
units with 10-19 pediatric intensive care beds, 
and 60 percent in units with 1-9 pediatric inten- 
sive care beds. 

(b) The applicant shall document all assumptions and 
provide data supporting the methodology used for each of 
the projections required in this Rule. 

Statutory Authority G.S. 131E-177(1); 131E-183. 



.4104 REQUIRED SUPPORT SERVICES 

(a) An applicant proposing to develop a new pediatric 
Intensive care unit or to add a bed to an existing pediatric 
intensive care unit shall document that the following items 
shall be available; except that if an item shall not be 
available, then documentation shall be provided obviating 
the need for that item: 

(1) twenty-four hour laboratory services including 
microspecimen chemistry techniques and blood 
gas determinations; 

(2) twenty-four hour radiology services, including 
portable radiological equipment; 

(3) twenty-four hour blood bank services; 

(4) twenty-four hour pharmacy services with pediat- 
ric dosage expertise; 

(5) twenty-four hour respiratory therapy services 
with pediatric expertise; 

(6) twenty-four hour CT scanning services; 

(7) EEG testing capability; 

(8) oxygen and air and suction capability; 

(9) pediatric specific cardiovascular monitoring 
capability with alarm capacity; 

(10) mechanical ventilatory assistance equipment 
including airways, manual breathing bag, venti- 
lator and respirator of pediatric patient size; 

(11) endotracheal Intubation capability; 

(12) a cardiac arrest management plan; 

(13) a patient weighing device for bed patients; 

(14) isolation capability; 

(15) a designated social worker; 

(16) consultation with the following medical 
subspecialties: 

(A) Pediatric Cardiology and cardiology diagnostic 
services; 

(B) Pediatric Surgery or surgeons with training or 
interest in p>ediatrics. Including neurosurgery, 
otolaryngology and cardiothoracic surgery; 

(C) Pediatric Neurology; and 

(D) other jsediatric subspecialties as required; and 

(17) pediatric exf)ertise in the following areas: 

(A) physical therapy; 

(B) occupational therapy; 

(C) si>eech therapy; and 

(D) dietary support. 

(b) An applicant shall describe the types of patient care 
monitoring that shall be available to meet the specific needs 
of each type of patient that the applicant proposes to serve. 

Statutory Authority G.S. 13 IE- 177(1); 13 IE- 183. 

.4105 REQUIRED STAFFING AND STAFF 
TRAINING 

(a) An applicant proposing to develop a new pediatric 
Intensive care unit or to add a bed to an existing pediatric 
intensive care unit shall demonstrate that the following 
staffing requirements listed In this Rule wtH shall be met or 
shall provide documentation obviating the need for an item : 



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PROPOSED RULES 



(1) nursing care shall be supervised by a registered 
nurse with training in the following: 

(A) patient care monitoring; 

(B) drug administration; 

(C) fluid and electrolyte administration; 

(D) respiratory oaro; and care; 

(E) pediatric advanced life support certification; 

(F) pediatric growth and development: and 

(G) pediatric nursing skills. 

(2) direction of the unit shall be provided by a 
physician with training, experience and exi)ertise 
in critical care; and 

(3) documentation from the medical staff confirming 
that pediatricians and surgeons of at least the 
resident or staff level shall be in the facility 
twenty-four hours per day. 

(b) An applicant shall document that inservice training or 
continuing education programs specific to pediatric intensive 
care services shall be provided to the pediatric intensive care 
staff and shall describe the inservice training and continuing 
care programs which shall be offered. 

Statutory Authority G.S. 131E-177(1); 131E-183. 

.4106 DATA REPORTING REQUIREMENTS 

Tho faoiht)' ohall agre e to provide, upon the roquoot of the 
Divioion of Faoility Sorvio e o, th e following typoo of data 
and information, — in accordxmce — with data format and 
reporting — roquiromonto — formulat ed — by — the — Divioion of 
Faoilit)' Ser^'io e o: 

fi9 domographio data on fKiti e ntfi tr e at e d; 

(3) finanoial data; and 

(^ clinical data. 

Statutory Authority G.S. 131E-177(1); 131E-1 83(b). 

.4107 ACCESSIBILITY 

(a) Tho appUoant ohall provid e docum e ntation doooribing 
th e m e obaniom that shall b e uo e d to insur e that th e proj e cted 
number of modioally undoraorvod shall bo ooi^'od in tho unit. 

(b) — Tho applicant s hall provide a copy of tho written 
admiooiono polioi e o id e ntifying any prepayment or dopooit 
r e quir e monto for the faoilit)' and otating th e admiooiono 
roquifomontfl for each of tho following payor oatogorios! 
(4^ Modicaro; 



m- 



M e dicaid; 



(5) Blu e Crooo and Blu e Shi e ld; 

(4) Commercial Insuronoo', 

(#) State Employooe Health Plan; 



(6) S e lf Pay (inoludoa o e lf pay, indig e nt and charity 

core); and 

(^ Other as idontifiod by tho applicant. 

(c) Tho appUoant shall provide a written description of tho 
billing proooduree, including th e cr e dit coll e ction polioieo, 
that shall b e utiliz e d by tho faoility. 

(d) — Tho applicant ohall document that tho health care 
community in tho "pediatric intensive care" Qor\'ico area, 



including the J^tyartmontfl of Social Sofvioo s and Health, 
have boon invited to oommont on th e propoood project, 
particularly with r e gard to th e fiioihty'o referral m e chonioma 
and admisoions polioieo for the modically undoroop i 'od. 

Statutory Authority G.S. 131E-177(1); 13 IE- 183(b). 

SECTION .4200 - CRITERIA AND STANDARDS 

FOR HOSPICES, HOSPICE INPATIENT 

FACILmES, AND HOSPICE RESIDENTIAL 

CARE FACILITIES 

.4202 INFORMATION REQUIRED OF APPLICANT 

(a) An applicant proposing to develop a hospice shall 
complete the application form for Hom e Health Agency and 
Hospice Services. An applicant proposing to develop 
hospice inpatient facility beds or hospice residential care 
facility beds shall complete the apphcation form for Hospice 
Inpatient and Hospice Residential Care Services. 

(b) An appUcant proposing to develop a hospice, hospice 
inpatient facility beds, or hospice residential care facility 
beds shall provide the following information: 

(1) the county or counties included in the hospice 
service area for the proposed project in accor- 
dance with the definition in Rule .4201 of this 
Section; 

(2) the annual unduplicated number of hospice 
patients projected to be served in each of the 
first two years following completion of the 
project and the methodology and assumptions 
used to make the projections; 

(3) the projected number of hospice patients to be 
served in each of the first 24 months following 
completion of the project and the methodology 
and assumptions used to make the projections; 

{Ar) the projected number of visits, by level of care 

(i.e., routine homo core, roapito oaro, inpatient 
oar e , and oontinuouo care), to bo provid e d for 
e ach of th e following o e rvio e o in each of the firot 
2 4 montho following completion of tho project 
and tho methodology and as s umptions uoed to 
mok e th e projections: 

(A^ — nursing o e rvio e s; 

(B) Bociol work sor^'icofl* 

(€) — oortifiod nursing asaistant or homo health aide 



nursmg 
s e rs'io e s; 
hom e maker o e rvio e o; 



(E) — counoeling sorvioeo, including diotar>', spin 
tmil, and family oounsoling; 

(P) — bereavement couns e ling s e rviooo; and 

(6^ — volunt ee r serviooo; 
(4) (5)the projected number of patient care days, by 
level of care (i.e., routine home care, respite 
care, and inpatient care), to be provided in each 
of the first 2'1 months two years of operation 
following completion of the project and the 
methodology and assumptions used to make the 



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1289 



PROPOSED RULES 



pfojoction; projections shall be clearly stated; 

(5) (6)the projected number of hours of continuous 
care to be provided in each of the first 24 
montho two years of operation following com- 
pletion of the project and the methodology and 
assumptions used to make these projections; 

(6) f7)the projected average annual cost per hour of 
continuous care for each of the first two operat- 
ing years following completion of the project 
and the methodology and assumptions used to 
make the projections; 

(7) (8)the projected average annual cost per patient 
care day, by level of care (i.e., routine home 
care, respite care, and inpatient care), for each 
of the first two op>erating years following com- 
pletion of the project and the methodology and 
assumptions used to project the average annual 
cost; 

(8) (9) th e nam e s of th e ontio i pat e d oouro e e of 
roforrols and copioe of proposed pationt roforral 
agroomontfl — with health — aad — Bocial — s orvioo s 
providoro looat e d within the hoopio e o e p i 'io e 
area; and documentation of attempts made to 
establish working relationships with sources of 
referrals to the hospice services and copies of 
proposed agreements for the provision of inpa- 
tient care. 

(AG) documentation that a written plan for boroavo 

mont couniaeling shall bo initiated upon tho first 
off e ring of hoopio e oor^'iooo and shall b e oom 
plat e d prior to th e provision of b e r e av e m e nt 

(c) An appUcant proposing to develop a hospice shall also 
provide documentation that the hospice shall be licensed and 
shall be certified for participation in the Medicare program 
within one year after issuance of the certificate of need. 

(d) An applicant proposing to develop hospice inpatient or 
hospice residential care facility beds shall also provide the 
following information: 

(1) a description of the means by which hospice 
services witt shall be provided in the patient's 
own home; 

(2) copies of the proposed contractual agreements, 
with a licensed hospice or a licensed home care 
agency with a hospice designation on its license, 
for the provision of hospice services in the 
patient's own home; 

(3) a copy of the admission policies, including the 
criteria that witt shall be used to select persons 
for admission and to assure that terminally ill 
patients are served in their own homes as long 
as p>ossible; and 

(4) documentation that a home-like setting witt shall 
be provided in the facility. 

Statutory Authority G.S. ]3 IE- 177(1); 13 IE- 183. 



.4204 REQUIRED SUPPORT SERVICES 

(a) An apjplicant proposing to develop a hospice, hospice 
inpatient facility beds, or hospice residential care facility 
beds shall demonstrate that the following core services will 
be provided directly by the applicant to the patient and the 
patient's family or significant others: 

(1) nursing services; 

(2) social work services; 

(3) counseling services including dietary, spiritual, 
and family coimseling; 

(4) bereavement coimseling services; 

(5) volimteer services; 

(6) physician services; and 

(7) medical supplies. 

(b) An applicant shall demonstrate that the nursing 
services Listed in Paragraph (a) of this Rule will be available 
24 hours a day, seven days a week. 

(c) An applicant proposing to develop a hospice, hospice 
inpatient facility beds, or hospice residential care facility 
beds shall provide documentation that the following ser- 
vices, when ordered by the attending physician and S|)ecified 
in the care plan, wiU shall either be provided directly by the 
hospice or provided through a contract arranged by the 
hospice: 

(1) hospice inpatient care provided in a licensed 
hospice inpatient facility bed, licensed acute care 
bed or licensed nursing facility bed, 

(2) physical therapy, 

(3) occupational therapy, 

(4) sp)eech therapy, 

(5) home health aide services, 

(6) medical supplioa or equipment, 

(7) respite care, 

(8) homemaker services, and 

(9) continuous care. 

(d) An applicant proposing to develop a hospice inpatient 
facility or a hospice residential care facility shall provide 
docimientation that pharmaceutical services will be provided 
directly by the facility or by contract. 

(e) For each of the services listed in Paragraphs (c) and 
(d) of this Rule which are proposed to be provided by 
contract, the applicant shall provide a copy of a letter from 
the propxDsed provider e xpreeoing th e ir willingn e oo to enter 
into a oontmot or shall submit a copy of tho contmct. which 
expresses their interest in working with the prop>osed 
facility. 

Statutory Authority G.S. 131E-177(1); 131E-183. 

.4206 ACCESSIBILITY 

(») — Th e applicant shall d e monstrate that it will offer 
palliative caro to torminally ill pwrsons and thoif familioa 
rogardlofls of ago, — gondor, nationality, race, — crood, — er 
disability'. 

(b) Th e applicant shall d e eorib e th e mechanism that it will 
U90 to assure that tho projootod numbof of modioally 
undopsof^'od and indigent poroona will bo served. 



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(o) The qpplioant oholl provido a written doooription of its 
billing prooodur e o, — inoluding th e cr e dit and ooU e otion 
polioioo that will b e utiliz e d. 

(d) — The applicant oholl document that the health ooro 
community' in the hospico 8or\'ioo area Including, but not 
limit e d to the Doportmonta of Social Sorviooo and Health, 
have boon invited to oommont on th e propooed proj e ct, 
particularly with fogard to the roforml nxschaniamfl and 
admiaaiona policioa ior the modioally undor8or>'od {xapula 



comments by oral presentation or by submitting a written 
statement. Persons wishing to make oral presentations 
should contact Mr. Jackie Sheppard, APA Coordinator, 
DPS, P.O. Box 29530, Raleigh, NC 27626-0530, telephone 
number (919) 733-2342. In order to allow the Certificate of 
Need Section sufficient time to review and evaluate your 
written comments prior to the hearing, please submit your 
written comments to Mr. Jackie Sheppard at the above 
address by October 26, 1995, but in no case later than the 
hearing on November 2, 1995. 



Statutory Authority G.S. 131E-177(1). 

.4207 DATA REPORTING REQUIREMENTS 

The applicant oholl agr ee to provido, upon the r e qu e ot of 
the Diviflion of Facility' Sowiooe, the following typos of data 
and infoi ' iiiiition, — in aocordjinoo — with data format and 
reporting roquir e m e nta — formulat e d by the Divioion of 
Facility' Sor^'icoo: 

(4^ demographic dntn on patients treated; 



(3) financial data; and 

(3) clinical data. 



Statutory Authority G.S. 131E-177(1). 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the Division of Facility Services intends 
to adopt rules cited as 10 NCAC 3R . 7001 - . 7008. 

Temporary: These Rules were filed as temporary rules 
effective Oaober 1, 1995 for a period of 180 days or until 
the permanent rule becomes effective, whichever is sooner. 

Proposed Effective Date: January 1, 1996. 

A Public Hearing will be conducted at 2:00 p.m. on 
November 2, 1995 at the Division of Facility Services, 
Council Building, Public Hearing Room 201, 701 Barbour 
Drive, Raleigh, NC 27626O530. 

Reason for Proposed Action: To adopt the permanent 
version of the temporary rules regarding the process and 
requirements for obtaining certification as a data processor 
pursuant to Senate Bill 345. 



Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3R - CERTIFICATE OF NEED 
REGULATIONS 

SECTION .7000 - CERTIFICATION OF 
STATEWIDE DATA PROCESSOR 

.7001 PURPOSE 

This Section sets forth the process and requirements for 
obtaining certification as a statewide data processor. 

Statutory Authority G.S. 131E-214.1(6). 

.7002 DEFEVmONS 

(a) The definitions set forth in G.S. 131E-214.1 shall 
a pply to this Section. 

(b) As used in this Section: 

(1) "Applicant" means a party a pplying to the 
Division for certification as a statewide data 
processor. 

{2} "HCFA" means the Health Care Financing 
Administration of the U.S. Department of Health 
and Human Services, or any successor agency. 

(c) All references in this Section to the "HCFA 1500" 
and "HCFA 1450" claim forms, include references to their 
successor forms that are developed pursuant to federal law 
under the auspices of HCFA. the National Uniform Billing 
Committee, or the North Carolina State Uniform Billing 
Committee. 

Statutory Authority G.S. 131E-214.1(6). 



Comment Procedures: Any interested person may present 

.7003 REQUIREMENTS FOR CERTIFICATION 

A party desiring to be certified as a statewide data processor shall make a written application to the Division that complies 
with the following requirements: 

(1) The applicant must make a satisfactory showing that it is capable of making available annually to the Division, at 
no charge, a report which compares the 35 most frequently reported charges of the hospitals and freestanding 
ambulatory surgical facilities reporting patient data to the a pplicant during the calendar year. Each annual report 
shall be due to the Division within 180 days after the end of the calendar year. 

(2) The applicant must make a satisfactory showing that it is capable of receiving from hospitals and freestanding 



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PROPOSED RULES 



ambulatory surgical facilities throughout the State the patient data elements specified in Items (3) through (5) of 
this Rule. 
(3) With regard to patient data conceming inpatients discharged by hos pitals, the applicant must make a satisfactory 
showing that is capable of compiling and maintaining a uniform set of data ftom the patient data which shall include 
the following HCFA 1450 (TJB-92) data elements for every inpatient discharged regardless of payor: 





DATA ELEMENT 


DESCRIPTION 


m 


Patient Control Number 


Form Locator 3 - As stated in the 
North Carolina HCFA 1450 Manual 


m 


Bill Type 


Form Location 4 - As Stated in the 
North Carolina HCFA 1450 Manual 


01 


Provider Identification 




(A) 


Medicaid Base Provider Number 


The number assigned to the provider 
by Medicaid or as assigned by the 
certified statewide data processor 
(for batching only) 


(B) 


Federal Tax Number 


Form Locator 5 - As stated in the 
North Carolina HCFA 1450 Manual 


£4} 


Zip Code of Patient Address 


Form Locator 13 - Only the zip code 
portion of this field is required. 
Code as stated in the North Carolina 
HCFA 1450 Manual 


(5i 


Patient Birth Date 


Form Locator 14 - As stated in the 
North Carolina HCFA 1450 Manual 


£6} 


Patient Sex 


Form Locator 15 - As stated in the 
North Carolina HCFA 1450 Manual 


m 


Admission Date 


Form Locator 17 - As stated in the 
North Carolina HCFA 1450 Manual 


im 


Admission Type 


Form Locator 19 - As stated in the 
North Carolina HCFA 1450 Manual 


m 


Source of Admission 


Form Locator 20 - As stated in the 
North Carolina HCFA 1450 Manual 


(10) 


Patient Status 


Form Locator 22 - As stated in the 
North Carolina HCFA 1450 Manual 


(11) 


Discharge Date (Statement Covers 
Period) 


Form Locator 6 - As stated in the 
North Carolina HCFA 1450 Manual 


(12) 


All Revenue Codes and Associate 
Charges 


Forms Locators 42 and 47- As 
stated in the North Carolina HCFA 
1450 Manual 


(13) 


Payer Identification 


Form Locator 50a - Classifications 
code and specific carrier identifica- 
tion code for primary payer 



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PROPOSED RULES 



I 



} 



(14) 


Certificate/Social Securitv/Health 


Form Locator 60a - As stated in the 
Insurance Claim/Identification Num- 
ber North Carolina HCFA 1450 
Manual 


(15) 


Insurance Group Number 


Form Locator 62a - As stated in the 
North Carolina HCFA 1450 Manual 


(16) 


Principal Diagnosis 


Form Locator 67 - As stated in the 
North Carolina HCFA 1450 Manual 


(17) 


Other Diagnoses 8 


Form Locators 68-75 - As stated in 
the North Carolina HCFA 1450 
Manual 


(18) 


External Cause of Injury Code (E 
Code) 


Form Locator 77 - As stated in the 
North Carolina HCFA 1450 Man- 
ual/whenever the principal diagnosis 
is an injury, poisoning or adverse 
effect 


(19) 


Principal Procedure and Date 


Form Locator 80 - As stated in the 
North Carolina HCFA 1450 Manual 


(20) 


Other Procedures and Dates 


Form Locator 81a-€ - As stated in 
the North Carolina HCFA 1450 
Manual 


(21) 


Attending Physician Identification 


Form Locator 82 - Only the UPIN is 
required. Code as stated in the 
North Carolina HCFA 1450 Manual 


(22) 


Other Physician Identification 


Form Locator 83 - Only the UPIN is 
required. Code as stated in the 
North Carolina HCFA 1450 Manual 



(4) With regard to patient data concerning ambulatory surgery patients released from hospitals and freestanding 
ambulatory surgical facilities, the a pplicant must make a satisfactory showing that it is capable of compiling and 
maintaining a uniform set of data from the patient data which shall include the following HCFA 1450(UB-92') data 
elements for every ambulatory surgical patient released regardless of payor: 



I 





DATA ELEMENT 


DESCRIPTION 


(1) 


Patient Control Number 


Form Locator 3 - As stated in the 
North Carolina HCFA 1450 Manual 


(2) 


Bill Type 


Form Locator 4 - As stated in the 
North Carolina HCFA 1450 Manual 


m 


Provider Identification 




(A) 


Medicaid Base Provider Number 


The number assigned to the provider 
by Medicaid or as assigned by the 
certified statewide data processor 
(for batching only) 


(B) 


Federal Tax Number 


Form Locator 5 - As stated in the 
North Carolina HCFA 1450 Manual 



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PROPOSED RULES 



14} 


Zip Code of Patient Address 


Form Locator 13 - Only the zip code 
portion of this field is required. 
Code as stated in the North Carolina 
HCFA 1450 Manual 


£5} 


Patient Birth Date 


Form Locator 14 - As stated in the 
North Carolina HCFA 1450 Manual 


(6} 


Patient Sex 


Form Locator 15 - As stated in the 
North Carolina HCFA 1450 Manual 


m 


Admission Date 


Form Locator 17 - As stated in the 
North Carolina HCFA 1450 Manual 


£11 


Admission Type 


Form Locator 19 - As stated in the 
North Carolina HCFA 1450 Manual 


m 


Source of Admission 


Form Locator 20 - As stated in the 
North Carolina HCFA 1450 Manual 


(10) 


Patient Status 


Form Locator 22 - As stated in the 
North Carolina HCFA 1450 Manual 


(11) 


Discharge Date (Statement Covers 
Period) 


Form Locator 6 - As stated in the 
North Carolina HCFA 1450 Manual 


(12) 


All Revenue Codes and Associated 
Charges 


Form Locators 42 and 47 - As stated 
in the North Carolina HCFA 1450 
Manual 


(13) 


Paver Identification 


Form Locator 50a - Classification 
code and specific carrier identifica- 
tion 


(14) 


Certificate/Social Security/Health 


Form Locator 60a - As stated in the 
Insurance Claim/Identification Num- 
ber North Carolina HCFA 1450 
Manual 


(15) 


Insurance Group Number 


Form Locator 62a - As stated in the 
North Carolina HCFA 1450 Manual 


(16) 


Principal Diagnosis 


Form Locator 67 - As stated in the 
North Carolina HCFA 1450 Manual 


(17) 


Other Diagnoses 


8 Form Locators 68-75 - As stated 
in the North Carolina HCFA 1450 
Manual 


(18) 


External Cause of Iniurv Code 
(E-Code) 


Form Locator 77 - As stated in the 
North Carolina HCFA 1450 Man- 
ual/whenever the principal diagnosis 
is an iniurv, poisoning or adverse 
effect 


(19) 


Principal Procedure and Date 


Form Locator 80 - As stated in the 
North Carolina HCFA 1450 Manual 


(20) 


Other Procedures and Dates 


Form Locators 81a-e - As stated in 
the North Carolina HCFA 1450 
Manual 



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\ 



(21) 


Attendine Physician Identification 


Form Locator 82 - Only the UPIN is 
required. (Code as stated in the 
North Carolina HCFA 1450 Manual 


(22) 


Other Physician Identification 


Form Locator 83 - Only the UPIN is 
required. Code as stated in the 
North Carolina HCFA 1450 Manual 



(5) With regard to patient data concerning ambulatory surgery patients released from hospitals and freestanding 
ambulatory surgical facilities, the a pplication must make a satisfactory showing that it is capable of compiling and 
maintaining a uniform set of data from the patient data which shall include the following HCFA 1500 data elements 
for eyery ambulatory surgical patient released regardless of payor: 



) 



m 


Payer Identification 


m 


Insured's ID Number 


m 


Patient's Date of Birth 


£41 


Gender of Patient 


(5) 


Zip Code of Patient Address 


(6) 


Diagnosis or Nature of Illness or Injury (1-4) 


m 


Dates of Seryice 


£8} 


Place of Seryice 


m 


Type of Seryice 


(10) 


Procedures, Seryices, and Supplies (including modifiers if applicable) 


£11} 


Charges 


£12} 


Days or Units 


(13) 


Federal Tax ID 


(14) 


Patient's Account Number 


£15} 


Total Charge 


£16} 


Attending Physician's UPIN Number 


(17) 


Medicaid Base Provider Number or Number Assigned by Certified State- 
wide Data Processor 



\ 



(6) The a pplicant must make a satisfactory showing that it is capable of examining the patient data it receives for 
accuracy, informing the hospital or freestanding ambulatory surgical facility submitting the patient data of all 
potential errors in the patient data which are discovered as a result of the examination for accuracy, and correcting 
the patient data as directed by the hospital or freestanding ambulatory surgical facility. An a pplicant shall be 
deemed to have satisfactorily shown that it is capable of examining patient data for accuracy if the applicant has 
made a satisfactory showing that it is capable of designating a record as an error record when: 

(a) A record reported on a HCFA 1450 (UB-92) form contains an invalid or all-blank field for any of the following 
HCFA 1450 (UB-92) data elements: Patient Control Number. Bill Type. Federal Tax I. P.. Zip Code. Date of 
Birth. Sex. Admission Date. Admission Type. Source of Admission. Patient Status. Statement Covers Period. 
Revenue Codes and Charges. Primary Paver. Principal Diagnosis. Attending Physician Identification. 

(b) A record reported on a HCFA 1500 form contains an invalid or all-blank field for any of the following HCFA 
1500 data elements: Payor Identification. Insured's I.D. Number. Federal Tax I.D.. Zip Code. Date of Birth. 



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M 



m 
(ii 



rm 



M 
£8} 



(9) 



iil 



Sex. Dates of Service. Place of Service. Type of Service, Procedures Defined with CPT-HCPCS Code with 

Modifiers. Principal Diagnosis Codes. Principal and Secondary Surgical Procedure. Patient's Account Number. 

Attending Physician Identification. 

The sum indicated by the data element concerning total charges does not equal the sum of all other charges 

reported on the record. 

An inpatient record reported on a HCFA 1450 (TJB-92) contains any of the following data elements which contain 

an invalid code: Other Diagnoses. Principal Procedure Code and Date. Other Procedure Codes and Dates. 



External Cause of Injury Code. Other Physician Identification (if a procedure was performed). 

An ambulatory surgical patient record reported on a HCFA 1450 (UB-92) form contains any of the following data 

elements which contain an invalid code: Other Diagnoses. Other Procedure Codes and Dates. External Cause 

of Injury Code. 
The applicant shall make satisfactory showmg that it is capable of: 

compiling reports from patient data which shall further the purposes of the Medical Care Data Act, as set forth 

in G.S. 131E-214rb). such as reports enabling a review and comparison of charges, utilization patterns, and 

quality of medical services; 

producing such reports at least on a calendar quarter basis, with reports concerning patients discharged or 

released during a specific calendar quarter being published at least within 180 days after the end of said calendar 

quarter; 

making such reports available upon request to all interested persons at a reasonable charge. 
The applicant shall make a satisfactory showing that it is capable of ensuring that adequate measures will be taken 
to provide system security for aU data and information received from hospitals and freestanding ambulatory surgical 
facilities. 

The applicant shall make a satisfactory showing that it is capable of protecting the confidentiality of patient records 
and complying with applicable laws and regulations concerning patient confidentiality, including the confidentiality 
of patient-identifying information, and that it shall not disclose patient-identifying information unless: 

the information was originally submitted by the party requesting disclosure; or 

the State Health Director requests specific individual records for the purpose of protecting and promoting the 

public health under G.S. 130A, and the disclosure is not otherwise prohibited by federal law or regulation. 
The applicant shall also make a satisfactory showing that it shall make such records available to the State Heath 
Director at a reasonable charge. 

Statutory Authority G.S. 131E-214.1(6). 



.7004 APPLICATION REVIEW 

The Division shall notify each applicant of the Division's 
decision concerning the applicant's request for certification 
as a statewide data processor within 90 days after the 
Division has received the applicant's written application 
unless the Division notifies the applicant that the review has 
been extended. If any portion of an a pplication lacks certain 
information or is unclear, the Division may request addi- 
tional information or clarification from the applicant during 
the review period; provided, however, that the Division is 
not required to request such additional information or 
clarification, and the Division may deny certification on the 
basis that the application lacks information or is unclear. 

Statutory Authority G.S. 131E-214.1(6). 



make a satisfactory showing that it is capable of performing 
the requirements). shall be certified as a statewide data 
processor for a period of three years. An applicant who 
demonstrates through its application that it is capable of 
performing each of the requirements specified in \0 NCAC 
3R .7003 but who presently is not performing each of the 
requirements specified in 10 NCAC 3R .7003(2)-(9) 
(excludiag the requirement in 10 NCAC 3R .7003(9) to 
disclose data to the State Health Director), shall be granted 
a certificate for a one year p>eriod. If within that one year 
period the applicant makes a satisfactory showing to the 
Division by written application that it then is f?erforming all 
of the re quirements specified in 10 NCAC 3R .7003. the 
applicant shall be granted certification as a statewide data 
processor for an additional two year period. 



.7005 PERIOD OF CERTIFICATION 

An applicant who demonstrates through its application that 
it presently is performing each of the requirements specified 
in 10 NCAC 3R .7003 (with the exception of the require- 
ment of making annual reports to the Division found in 10 
NCAC 3R .7(X)3(1), and the requirement of disclosing data 
to the State Health Director found in 10 NCAC 3R 
.7003 (9). for which requirements the applicant needs only to 



Statutory Authority G.S. 131E-214.1(6). 

.7006 STANDARDS FOR REFUSAL, SUSPENSION 
OR REVOCATION OF CERTIFICATION 

A certificate a pplied for or issued under this Chapter may 
be refused, suspended, or revoked by the Division if the 
Division determines that the applicant or statewide data 
processor cannot or does not perform the requirements 



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specified in 10 NCAC 3R .7003 and G.S. 131E-214.4. 
Statutory Authority G.S. 131E-214.1(6). 

.7007 FAILURE TO TIMELY RENEW 

A certificate issued under this Chapter shall be automati- 
cally suspended by the Division after a failure to renew the 
certificate for a period of more than three months after the 
renewal date. 

Statutory Authority G.S. 131E-214.1(6). 

.7008 PROCEDURE 

Except as otherwise provided in this Chapter, the proce- 
dure for revocation, suspension, or refusal of certification 
shall be in accordance with the provisions of G.S. 150B. 

Statutory Authority G.S. 131E-214.1(6). 

Notice is hereby given in accordance with G.S. 
1508-21. 2 that the North Carolina Medical Care 
Commission intends to amend rules cited as 10 NCAC 3T 
.0102, .0201 - .0202, .0206, .0208, .0301, .0303, .0401 - 
.0402, .0501, .0504 - .0505, .0601, .0701, .0801 - .0802, 
.0901 - .0902, .1001, .1102, .1113, .1202, .1204; adopt 
rules cited as 10 NCAC 3T .0209 - .0210, .0604 - .0605, 
.1116, . 1212; and repeal rules cited as 10 NCAC 3T . 0203 
- .0205, .0207, .0302, .0403, .0502 - .0503, .0602 - .0603, 
.0702 - .0703, .0803, .1002. 

Proposed Effective Date: February 1, 1996. 

A Public Hearing will be conducted at 9:30 a.m. on 
December 1, 1995 at the Council Building, Room 201, 701 
Barbour Drive , Raleigh, NC. 

Reason for Proposed Action: To clarify and enhance rules 
governing hospice inpatient facilities. 

Comment Procedures: In order to allow the Commission 
si^cient time to review and evaluate your written comments 
prior to the hearing, please submit your written comments to 
Mr. Jackie Sheppard, APA Coordinator, DPS, P.O. Box 
29530, Raleigh, NC 27626-0530, telephone number (919) 
733-2342, by November 15, 1995, but in no case later than 
the hearing on December 1, 1995. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3T - HOSPICE LICENSING RULES 

SECTION .0100 - GENERAL INFORMATION 



.0102 DEFINITIONS 

In addition to the definitions set forth in G.S. 131E-201 
the following definitions shall apply throughout this Sub- 
chapter following: 

(1) "Agency "means a licensed hospice as defined in 
Article 10 G.S. 131E-201.3. 

(2) f4^ "Attending Physician" means the physician 
licensed to practice medicine in North Carolina 
who is identified by the patient at the time of 
hospice admission as having the most significant 
role in the determination and delivery of medical 
care for the patient. 

(3) (3) "Care Plan" means the proposed method 
developed in writing by the interdisciplinary care 
team through which the hospice seeks to provide 
services which meet the patient's and family's 
medical, psychosocial and spiritual needs. 

(4) (3^ "Clergy Member" means an individual who 
has received a degree from an accredited theologi- 
cal school and has fulfilled appropriate denomina- 
tional seminary requirements; or an individual 
who, by ordination or authorization from the 
individual's denomination, has been approved to 
function in a pustoral capacity. The olorg)' mom 
bof must have oxporionoo in postofol dutioo ond bo 
oapwble of providing for hoepio e pati e nt's spiritual 
noodo. Each hospice shall designate a clergy 
member responsible for coordinating spiritual care 
to hospice patients and families. 

(5) "Patient Family Volunteer" means an individual 
who has received orientation and training as 
defined in Rule .0402 of this Subchapter, and 
provides volunteer services to a patient and the 
patient's family in the patient's home or in a 
hospice Inpatient or residential unit or facility. 

(6) (4) "Coordinator of Patient Family Volunteers" 
means an individual on the hospice staff who 
coordinates and supervises the activities of all 
patient family volunteers. 

(7) (5) "Dietary Counseling" means counseling given 
by a qualified licensed dietitian dietitian, one who 
m ee to th e qualifioations e otabliohod by th e Com 
mitte e on Prof e ooional R e giotrat i on of th e Am e ri 
eaa — Dietetic — Association as defined in G.S. 
90-357. 

(8) ^ "Director" means the person having adminis- 
trative responsibility for the operation of the 
hospice. 

(9) f?) "Governing Body" means the group of per- 
sons responsible for overseeing the operations of 
the hospice, sp>ecifically for the development and 
monitoring of policies and procedures related to 
all asf>ects of the of>erations of the hospice pro- 
gram. The governing body ensures that all ser- 
vices provided are consistent with accepted stan- 
dards of hospice practice. 

(8) "Homo Health Aide" moana an individual wb e-w 



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PROPOSED RULES 



a nuPBo aide liotod on the Nuroo Aide Rogiotry, at 
the Divioion of Faoilit)' S e rv'io e e. and who p e r 
forms fwroonal oaro and other dutioo to hoopioo 
pationta in a private homo. 

(10) "Hospice" means a coordinated program of ser- 
vices as defined in G.S. 131E-176n3a). 

(11) ^ "Hospice Caregiver" means an individual on 
the hospice staff who has completed hospice 
caregiver training as defmed in 10 NCAC 3T 
.0402 and is assigned to a hospice residential 
facility or unit . 

(12) (40) "Hospice Inpatient Facility or Unit" means 
a frooetanding liconflod facility' providing inpatient 
hoopio e oar e or a d e oignatod unit in a lio e no e d 
faoilit)' which hao a oontraotual agr ee m e nt with a 
licensed hoopio e fof the provision of hospice 
inpatient core, a licensed facility or unit as de- 
fmed in G.S. 131E-201(3a). 

(13) (44^ "Hospice Reoid e no e Residential Facility " as 
defined in G.S. 131E-201(5a) is a beffl© facility 
licensed to provide hospice care to no more than 
six hoopio e r e eid e nto hospice patients as defined in 
G.S. 131E-201(4) and their families in a group 
residential setting. 

(14) (4-3) "Hospice StafP means personnel working 
under the juriodiotion of a hoopio e , eith e r oalari e d 
employee or volunte e r, members of the interdisci- 
plinary team as defined in G.S. 131E-201(7), 
nurse aides, administrative and su pport persoimel 
and patient family volunteers. 

(15) (43) "Informed Consent" means the agreement to 
receive hospice care made by the patient and 
family which specifies in writing the type of care 
and services to be provided. The informed con- 
sent form is signed by the patient prior to service. 
If the patient's medical condition is such that a 
signature cannot be obtained, a signature is ob- 
tained from the individual having legal guardian- 
ship, applicable pwwer of attorney, or the family 
member or individual assuming the responsibility 
of primary caregiver. 

(16) (44) "Inpatient Beds" means beds Ucensed as such 
by the Department of Human Resources prov i d e d 
for use by hospice patients, for medical manage- 
ment of symptoms or for respite care. 

(17) "Interdisciplinary Team" means a group of hos- 
pice staff as defined in G.S. 131E-201(7). 

(18) (4-^ "Licensed Practical Nurse" means a nurse 
holding a valid current Ucense as required by G.S 
90, Article 9A. 

(19) f4-6) "Medical Director" means a physician 
licensed to practice medicine in North Carolina 
who directs the medical aspects of the hospice's 
patient care program. 

(20) (4^ "Nurse Aide" means an individual who is 
qualified authorized to provide nursing care under 
the supervision of a licensed nurse, has completed 



a training and competency evaluation program or 
competency evaluation program and is listed on 
the Nurse Aide Registry, at the Division of Facil- 
ity Services. If the nurse aide performs Nurse 
Aide II tasks, he or she must also meet the re- 
quirements established by the N.C. Board of 
Nursing as defined in 21 NCAC 36 .0405. 

(21) (4*) "Occupational Therapist" means an Individ 
ual who ia rogioterod ao such with the Amerioan 
Qooupational Th e rapy Anoooiation. a person duly 
licensed as such, holding a current license as 
required by G.S. 90-270.29. 

(22) (49) "Patient and Family Care Coordinator" 
means a registered nurse designated by the hospice 
io coordinate the provision of hospice services for 
each patient and family. 

(23) (3^ "Pharmacist" means an individual licensed to 
practice pharmacy in North Carolina as required 
in G.S. 90-85(15) . 

(24) (34) "Physical Therapist" means an individual 
holding a valid current license as required by G.S. 
90, Article 18B. 

(25) (3^ "Physician" means an individual licensed to 
practice medicine in North Carolina. 

(26) "Premises" means the location or licensed site 
from which the agency provides hospice services 
or maintains patient service records or advertises 
itself as a hospice agency. 

(27) (35) "Primary Caregiver" means the family 
member or other person who assumes the overall 
responsibility for the care of the patient in the 
home. 

(28) (3^ "Registered Nurse" means a nurse holding a 
valid current license as required by G.S. 90, 
Article 9A. 

(29) (35) "Respite Care" means care provided to a 
patient for the purpnase of temporary relief to 
family members or others caring for the patient at 
home. 

(30) (36) "Social Worker" means an individual holding 
a master's degree or a bachelor's degree in social 
work from a school accredited by the Coimcil of 
Social Work Education with e xp e ri e nc e in a health 
related field and who is capable of providing fof 
hospice patients' and familioa' ps^'chooocial needs . 
An individual holding a bachelor's or an advanced 
degree in psychology, counseling or psychiatric 
nursing may also function in this capacity if the 
some criteria ofo mot . 

(31) (*?) "Speech Th e rapiat and Language Patholo- 
gist" means an individual holding a valid current 
license as required by G.S. 90, Article 22. 

(38) "Volunteer" moons an individual, who has re 

o e iv e d appropriate orientation and training oonoio 
tent v ^ 'idi Qoooptable otandards of hospic e philooo 
phy and practice. 

(32) "Spiritual Caregiver" means an individual autho- 



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PROPOSED RULES 



rized by the patient and family to provide for their 
spiritual direction. 

Statutory Authority G.S. 131E-202. 

SECTION .0200 - LICENSE 

.0201 LICENSE REQUIRED 

No individual fii 'i u poi'tuorehip, ooBooiation, organization, 
oorpomtion or oompany ohall e otablioh and op e rate a hoopio e 
without a lioonoe ioou e d by tho Dopartm e nt, oxoopt thoo e 
oxomptod under G.S. 13 IE 203(b). Each hospice agency 
premises shall obtain a license unless exempted by G.S. 
131E-203. 

Statutory Authority G.S. 131E-202. 

.0202 APPLICATION FOR AND ISSUANCE OF A 
LICENSE 

(a) An application for a license to operate a hospice 
agency or facility shall be submitted to the Department prior 
to the scheduling of an initial licensure survey, a lio e no e 
being ioou e d. Eaoh applioation ohall oontain r e aoonabl e and 
nocoBsar)' information which will include! The hospice 
agency shall establish, maintain and make available for 
inspection such documents, records and f>olicies as required 
in this Section and statistical data sufficient to complete the 
licensure application and upwn request of the Department, to 
submit an annual data report, including all information 
required by the Department as noted in Rule .1002 of this 
Subchapter. 

(b) The Department shall issue a license to each hospice 
agency premises when determined to be in compliance with 
licensure rules. Whether initial and ongoing licensure 



any proposed change in ownership or name at least 30 days 
prior to the effective date of the change. 

(49 nam e and addrooo of applioant; 

(3) namoa of mombero of mombow of tho governing 

^ nam e of director; 

f4) geographic area o e p i ' e d; 

(&) typofl of aoFvioofl offofod; 

(6) composition of modioal, pammodioal, profosaional 

and volunte e r otnff; 
(7) nam e of m e dioal dir e ctor and pati e nt/family oo fe 

coordinator; 
^ infoftnation folatod to the proviaion of inpatient 

and r e sid e ntial pare, if applicabl e ; and 
(9) additional information ao may b e requir e d to 

doacribe the scope of aorviooo offofod and explain 

or disclose ownership, managomont and control. 

Statutory Authority G.S. 131E-202. 

.0203 ISSUANCE OF LICENSE 

(a) No lioonse dmll bo iooued until r e preo e ntativ e a of th e 
Department have oonduotod ao inopootion of th e hoopio e for 
determination of compliance with the loiles oont<iinod in this 
Subchapter and with G.S. Chapte r 13 IE. Articl e 10. 

(b) Th e D e partm e nt ohall ioouo a lioonoo to e ach hoopio e 
annually. — This lic e ns e io nontranoforablo. 

(c) If the faoilit)' provides inpatient or fooidontial core, the 
number of beds for each shall bo reflected on tho lioonse. 

Statutory Authority G.S. 131E-202. 

.0204 EXPIRATION OF LICENSE 

Each lio e no e ohall e xpir e at midnight on th e e xpiration date 
on th e lic e ns e and is r e n e wabl e upon applioation. 



inspections include all premises of a hospice agency and 

whether they include on-site inspections shall be at the 

discretion of the Department. Initial licensure shall be for Statutory Authority G.S. 131E-202. 

a period of not more than one year. Subsequent licensure 

shaU extend for a minimum of one year and a maximum of 

three years, at the discretion of the Department. Each 

license shall expire at midnight on the expiration date on the 

license and is renewable up>on a pplication. 

(c) The license shall be posted in a prominent location 
accessible to public view within the premises. TTie agency 
shall also post a sign at the public access door with the 
hospice agency name. 

(d) The license shall be issued for the premise and 
persons named in the a pplication and shall not be transfer- 
able. The name and street address under which the agency 
operates shall appear on the license. If the agency operates 
a facility to provide inpatient or residential hospice care, the 
number of beds for each shall be reflected on the license. 



(e) I¥ior to change of ownership or the establishment of 
a new hospice agency, the agency shall be in compliance 
with all the applicable statutes, rules and poUcies established 
under Article 10 of G.S. 131E. 

(f) The Ucensee shall notify the Department in writing of 



.0205 POSTING OF LICENSE 

The lioonso shall bo posted in a conapicuous location 
accoQsiblo to public view within the promioos. 

Statutory Authority G.S. 131E-202. 

.0206 ADVERSE ACTION 

Th e D e partm e nt may d e ny, ousp e nd, r e vok e , r e call or 
am e nd a licens e in accordanc e with G.S. 13 IE 205 for a 
hospice which significantly fails to comply with tho rules 
contained in this Subchapter or which fails to implement an 
approv e d plan of corr e ction for doficienoieo cited by th e 
D e partment in acoordanoe with G.S. 150B which io incorpo 
mted by roforonco pursuant to G.S. 150B 14(c). A hospice 
may appeal any adverse decision made by the Department 
concerning its license by making such a ppeal in accordance 
with the Administrative Procedure Act. G.S. 150B and 
Departmental Rules 10 NCAC IB .0200 et seq. As pro- 
vided for in G.S. 131E-206. the Department shall seek 



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PROPOSED RULES 



injunctive relief to prevent an entity from establishing or 
operating a hospice agency without a license. 

(1) The Department niay amend a license by reducing 
it from a full license to a provisional license 
whenever the Department finds that: 

(a) the licensee has substantially failed to comply 
with the provisions of Article 10 of G.S. 131E 
and the rules promulgated under that Part; and 
fb) there is a reasonable probability that the licensee 
can remedy the licensure deficiencies within a 
reasonable length of time; and 
(c) there is a reasonable probability that the licensee 
will be able thereafter to remain in compliance 
with the hospice licensure rules for the foresee- 
able future. 
The Department shall give the licensee written 
notice of the amendment of its license. This 
notice shall be given by registered or certified 
mail or bj; personal service and shall set forth the 
reasons for the action. 

(2) The provisional license shall be effective immedi- 
ately upon its receipt by the licensee and must be 
posted in a prominent location, accessible to 
public view, within the licensed premises in lieu 
of the full license. The provisional license shall 
remain in effect until: 

(a) the Department restores the licensee to full 
licensure status: or 

(b) the Department revokes the Ucensee's license; or 

(c) the end of the licensee's licensure year. 

If a licensee has a provisional license at the time 
that the licensee submits a renewal application, the 
license, if renewed, shall also be provisional 
Ucense unless the Department determines that the 
licensee can be returned to full license status. A 
decision to issue a provisional license is stayed 
during the pendency of an administrative a ppeal 
and the licensee may continue to display its full 
license during the appeal. 

(3) The Department may revoke a license whenever: 
(a) The Department finds that: 

(i) the hcensee has substantially failed to comply 
with the provisions of Article 10 of G.S. 131E 
and the rules promulgated under those parts; 
and 
(ii) it is not reasonably probable that the licensee 
can remedy the licensure deficiencies within a 
reasonable length of time; or 
(h) The Department finds that: 

(i) the hcensee has substantially failed to comply 
with the provisions of Article 10 of G.S. 
131E; and 
(ii} although the licensee may be able to remedy 
the deficiencies within a reasonable time, it is 
not reasonably probable that the licensee will 
be able to remain in compliance with the 
hospice licensure rules for the foreseeable 



future; or 
(c) The Department finds that there has been any 
failure to comply with the provisions of Article 
10 of G.S. 131E and the rules promulgated 
under those parts that endangers the health, 
safety or welfare of the patients receiving ser- 
vices from the agency. 
The issuance of a provisional license is not a 
procedural prerequisite to the revocation of a 
license pursuant to Sub-Items (S^Ca). (h) and (c) of 
this Rule. 

Statutory Authority G.S. 131E-202. 

.0207 PROCEDURE FOR APPEAL 

A hospioo may appeal any deci s ion mndo by the Depart 
mont to deny, auspond of fovoko a lioonse by making Buch 
an app e al in aooordano e with Adminiotrntiv e Proo e duro Aot 
G.S. 150B, and with 10 NCAC IB .0200 whioh are adopted 
in ac<K)fdanoo with G.S. 150B 1 4 (c). 

Statutory Authority G.S. 131E-202; 150B- 14(c). 

.0208 INSPECTIONS 

(a) Any hospice agency or facility shall be subject to 
inspections by as authorized roprooontativo representatives 
of the Department at any time as a condition of holding such 
license . 

(b) Any person or organization subject to licensure which 
presents itself to the public as a hospice which does not hold 
a Ucense, and is or may be in violation of Rule .0202 of this 
Section and G.S. 131E-203(a) shall be subject to proper 
inspections at any time by authorized representatives of the 
Department. 

(b) (c] i\ny authoriz e d r e pr e o e ntntiv e Representatives of 
the Department shall make his their identity identities known 
to the person in charge prior to the inspection . 

(^ (d) Licensure inspection of medical records shall be 
carried out in accordance with G.S. 131E-207. 

(d) — The hospioo shall provide and make available for 
iniyoction statistical and financial f ocMjfda roquifod to verify 
oompliano e with rul e o contain e d in thio Subohapter. 

(e) An inspection shall be considered whenever the 
purpose of the inspection is to determine whether the agency 
complies with the provisions of this Subchapter or whenever 
there is reason to believe that some condition exists which 
is not in compliance with the rules in this Subchapter. The 
agency shall allow immediate access to its premises and the 
records necessary to conduct an inspection and determine 
compliance with the rules of this Subchapter. Failure to do 
so shall result in termination of the survey and may result 
in injunctive relief as outlined in G.S. 13IE-206. 

(f) An agency shall file a plan of correction for cited 
deficiencies within JO working days of receipt of a report of 
deficiencies. Tlie Department shall review and respond to 
a written plan of correction within 10 working days of 
receipt. 



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PROPOSED RULES 



(g) Representatives of the Department may visit patients 
in their homes to assess the agencv's compliance with the 
patients' plans of care and with the licensure rules. Patients 
will be contacted by the hospice agency staff in the presence 
of the Department staff for permission to visit. 

Statutory Authority G.S. 131E-202. 

,0209 MULTIPLE PREMISES 

If a person operates multiple hospice agency premises: 

(1) the Department may conduct inspections at any or 
all of the premises and may issue a h cense to each 
of the premises based upon inspection of any or 
all of the premises: 

(2) with 72 hours advance notice, the Etepartment may 
request records from any of the premises neces- 
sary to ensure compliance with the rules of this 
Subchapter be brought to the site being inspected, 
including the portions of personnel records subject 
to review. For agencies for whom a business or 
government policy precludes the disclosure of 
employee evaluations, a statement signed by the 
employee's supervisor attesting to its completion 
shall be accepted: 

(31 the premises may share staff or administrative 
staff, and may centralize the maintenance of 
records. 

Statutory Authority G.S. 131E-202. 

.0210 COMPLUNCE WITH LAWS 

(a) The hospice agency shall be in compliance with all 
a pplicable federal, state and local laws, rules and regula- 
tions. 

(b) Staff of the hospice agency shall be currently licensed, 
listed or registered in accordance with applicable laws of the 
State of North Carolina. 

Statutory Authority G.S. 131E-202. 

SECTION .0300 - ADMINISTRATION 

.0301 AGENCY MANAGEMENT AND 
SUPERVISION 

(a) The governing body or its designee shall establish and 
implement at a minimum, a description of written p)olicies 
governing all aspects of the hospice program. Such policies 
shall be available for inspection by the Department and shall 
include at a minimum: 

(1) provision for offering of the fiill scope of hos- 
pice services in Uie agency's defined service 
area: 

(2) admission policies: 

(3) patient's rights policies, including the right to 
have an advance directive: 

(4) personnel policies and records: 

(5) orientation, patient family volunteer training. 



and inservice education policies: 

(6) communicable disease exposure and infection 
control policies: 

(7) care planning and uf)dates policies: 

(8) medical record content and handling of orders 
for drug treatment administration: 

(9) annual evaluation of the agency: 

(10) storage, preventive maintenance, and infection 
control of su pplies and equipment: 

(11) handling of complaints about services: and 

(12) emergency preparedness and disaster planning. 

(b) The governing body shall designate an individual to 
serve as agency director. 

(c) There shall be written policies that specify the 
authority and responsibilities of the director. In the event 
this position becomes vacant, the Department shall be 
notified in writing within five working days of the vacancy 
along with the name of the replacement if available. 
Agency policies shall define the order of authority in the 
absence of the administrator. 

(d) The agency shall have the ultimate responsibility for 
the services provided under its license: however, it may 
make arrangements with contractors and others to provide 
services in accordance with Rule .0505 of this Subchapter. 

(e) A hospice agency shall have written policies which 
identify the specific geographic areas in which the agency 
provides its services. 

(f) If an agency plans to {permanently expand its geo- 
graphic service area beyond that currently on file with the 
Department without op>ening an additional site, the Depart- 
ment shall be notified in writing 30 days in advance. The 
agency must offer its full scope of hospice services in its 
entire geographic service area. 

Statutory Authority G.S. 131E-202. 

.0302 SUPERVISION AND MANAGEMENT 

^a) — Th e gov e rning body shall dooignato individualo to 
s e rv e oo dirootor, medical direct, pati e nt and family core 
coordinator, and ooordinator of voluntooro oaoh of whoao 
rosponsibilitioo shall bo as stated in Rule .0102 if this 
Subchapt e r. 

(b) — Th e r e shall b e writt e n polioi e s that op e oily th e 
authority and roaponoibilitioa of the director. — In the e vent 
this position bocomos vacant, — the Department shall bo 
notifi e d in writing within 73 hours of th e vacancy. 

Statutory Authority G.S. 131E-202. 

.0303 ADMINISTRATIVE FINANCUL AND 
STATISTICAL RECORDS 

(a) The hospice shall establish, maintain and make 
available for inspection rooords of operating oosto, the 
hospice annual budget, budg e ts and otatiotical r e cords. 

(b) The hospice shall record, maintain and make available 
to the Department statistical records as requested. Records 
shall include as a minie awa: hours worked by staff, includ- 



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PROPOSED RULES 



ing patient family volunteers; patient census information 
inoluding regarding the numbers of referrals, admissions and 
discharges; patient diagnooo »t diagnoses and service location 
(home or inpatient) and othof appropriate stntistiool dntn as 
roquirod fof the operation of the hoopioe or by the Stflto'o 
Modioal Faoilitioo Plan . 

(c) Records shall be retained for a period of not less than 
five years. 

(d) When a hospice agency or facility operates as a part 
of a health care facility licensed under Article 5 or 6 of 
G.S. 131E, or as part of a larger diversified agency, records 
of hospice activities and expenditures that are separate and 
identifiable shall be maintained for the hospice agency. 

Statutory Authority G.S. 131E-202. 

SECTION ,0400 - PERSONNEL 



written — poreonnel — policioe. 



.0401 PERSONNEL 

The — hospioo — shaH — hav e 
Pof8onnel f ocofda shall bo oetablishod and maintained fof 
hoepio e staff providing dir e ct patient and family oorviooo 
which includ e e duoation, training, pr e viouo e xp e ri e nc e , 
verification of lioonso when applicable, and other qualifioa 
tion s . 

(a) Written policies shall be established and implemented 
by the agency regarding infection control and exposure to 
communicable diseases consistent with 15A NCAC 19A. 
These policies and procedures shall include provisions for 
compliance with 29 C¥K 1910 (Occupational Safety and 
Health Standards) which is incorporated by reference 
including subsequent amendments. Emphasis shall be 
placed on compliance with 29 CFR 1910.1030 (Airborne 
and Bloodbome Pathogens). Copies of Title 29 Part 1910 
can be purchased from the Superintendent of Documents. 
U.S. Government Printing Office, P.O. Box 371954. 
Pittsburgh. PA 15250-7954 or by calling Washington. D.C. 
(202) 512-1800. The cost is twenty one dollars ($21.00) 
and may be purchased with a credit card. Hands-on care 
employees must have an annual skin test for tuberculosis. 
New hires must present evidence of non-infectious tubercu- 
losis status prior to assignment in a patient's home. 
Individuals who have previously tested positive to the 
tuberculosis skin test may obtain an annual verification that 
they are free of tuberculosis. TTiis verification shall be 
obtained from the local health department, a private physi- 
cian or employee health nurse employed by the agency. 
The Tuberculosis Control Branch of the North Carolina 
Department of Environment. Health, and Natural Resources. 
P.O. Box 27687. Raleigh. North Carolina 27611-7687 will 
provide free of charge guidelines for conducting verification 
and Form DEHNR 3405 (Record of Tuberculosis Screen- 
ing). 

(b) Written policies shall be established and implemented 
which include personnel record content, orientation, patient 
family volunteer training and in-service education. Records 
on the subject of in-service education and attendance shall 



be maintained by the agency and retained for at least one 
year. 

(c) Job descriptions for every position, including volun- 
teers involved in direct patient/family services, shall be 
established in writing which include qualifications and 
specific responsibilities. Individuals shall be assigned only 
to duties for which they are trained and competent to 
perform and when applicable for which they are properly 
licensed. 

(d) Personnel records shall be established and maintained 
for all hospice staff, both paid and direct patient/family 
services volunteers. These records shall be maintained at 
least one year after termination from agency employment. 
When requested, the records shall be available on the 
agency premises for inspection by the Department. The 
records shall include: 

(1) an a pplication or resume which lists education, 
training and previous employment that can be 
verified, including job title; 

(2) a job description with record of acknowledgment 
by the staff: 

(3) reference checks or verification of previous 
employment; 

(4) records of tuberculosis annual screening for 
hands-on care staff; 

(5) documentation of Hepatitis B immunization or 
declination for hands on care staff; 

(6) airborne and bloodbome pathogen training for 
hands on care staff, including annual updates, in 
compliance with 29 CFR 1910 and in accor- 
dance with the agency's exposure control plan; 

(7) performance evaluations according to agency 
policy and at least annually: 

(8) verification of staff credentials as a pplicable; 

(9) records of the verification of competencies by 
agency supervisory personnel of all skills re- 
quired of hospice services personnel to carry out 
patient care tasks to which the staff is assigned. 
The method of verification shall be defined in 
agency policy. 

Statutory Authority G.S. 131E-202. 

.0402 ESfSERVlCE EDUCATION AND TRAEW^G 

(a) Written policies shall be established and implemented 
which include orientation, patient family volunteer training 
and inservice education for all hospice staff. Hospice 
residential facilities shall establish and implement a policy 
addressing hospice caregiver training. Rocordo on the 
content of volunt ee r training o e ooions and on th e subjeot of 
inoep i 'io e e duoation shall b e maintain e d by th e hoopio e . 
Attendance records on training shall be kept. Patient family 
care volunteers shall be required to meet the requirements 
of Rule .0401(a) through (d) of this Section. Training hours 
for patient family care volunteers shall include a minimum 
of 12 hours. Staff shall be required to participate in a 
minimum of eight hours included with other job specific 



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10:14 



PROPOSED RULES 



training. 

(b) Training for hospice staff staff, including patient 
family volunteers, providing direct patient and family 
services shall include, but not be limited to the following: 

{4-) ho s pioo philoflophy and oonoopta of oafo; 

(3) phyoiologiool — aad — poyohologiool — oop e oto — ef 

t e rminal illno sst 

(3) symptom nmnagomont; 

(4) family dynamics and oopingi 

(#) oommunioation and liot e ning; 

(6) omorg e noy prooodur e o; 



f?) proooduro for doath oocuning in tho homo; 



(8) grief and boroavomont; and 

(9) dooum e ntation and r e cord keeping. 

(1) an introduction to hospice: 

(2) the patient family volunteer role in hospice care: 

(3) concepts of death and dying; 

(4) communication skills; 

(5) care and comfort measures: 

(6) diseases and medical conditions: 

(7) psychosocial and spiritual issues related to death 
and dying; 

(8) the concept of the hospice family: 

(9) stress management: 

(10) bereavement: 

(11) infection control: 

(12) safety: 

(13) confidentiality: and 

(14) patient rights. 

(c) In addition to the training described in Paragraph (b) 
of this Rule, the following additional training shall be 
provided to hospice caregivers assigned to a hospice 
residential facility: 

(1) training specific to the tyf)es of medications 
being administered when assisting the patient 
with self administration of medicines and provi- 
sion of personal care from a curriculum ap- 
proved by the Division of Facility Services; 

(2) orientation and instruction specific to the care 
needs of individual patients in the hospice resi- 
dential facility; and 

(3) notification criteria for licensed nursing staff as 
defined in the agency jwlicies and procedures. 

Statutory Authority G.S. 131E-202. 

.0403 JOB DESCRIPTIONS 

(a) Job doflcriptiona for each hospioo staff position shall 
be eatabliahod which include qualifications and specific 
r e eponsibiliti e o. 

(b) — Hoopio e staff shall b e aooign e d only to duti e s for 
which thoy are trained and competent to perform. — Volun 
tooro shall have clearly doFmod roloo and where applicable, 
moot tho com e profeooionol otandordo of praotio e as r e quir e d 
for hoepio e salari e d e mployoeo or ao dofinod in Rule .0102 
of thi s Subchapter. — Volunteers shall function under the 
superN'ision of tho coordinator of volunteers as designated in 



Rule .0501(5) of thi s Subohapto f . 

(0) Th e hoopio e shall hav e a written policy implemented 
which oontrolfl th e e xposur e of pati e nto, fomilioo and hoopio e 
pofsonnel to pe r son s with eotnmunioable disoosea. 

Statutory Authority G.S. 131E-202. 

SECTION .0500 - SCOPE OF SERVICES 

.0501 SERVICE REQUIREMENTS 

The governing body shall ensure through policies and 
implemented procedures that the following services encom- 
passing the essential elements of hospice care be provided, 
either directly by hospice personnel, or by contractual 
arrangement: 

(1) Nursing services, available 24 hours a day, by or 
under the suj>ervision of a registered nurse; pro- 
vided in accordance with the North Carolina 
Nurse Practice Act (G.S. Chapter 90, Article 9 
9A) and the care plan; and sufficient to ensure that 
nursing needs of each patient are met. 

(a) Registered nurse duties include the following as 
a minimum: 

£}} regularly assess the nursing needs of the pa- 
tient: 

(ii) develop and implement the patient's nursing 
care plan: 

(iii) provide nursing services, treatment, and diag- 
nostic and preventive procedures: 

(iv) initiate nursing procedures appropriate for the 

patient's care and safety: 
(v) observe signs and symptoms and report to the 
physician any unexpected changes in Ae pa- 
tient's physical or emotional condition: 

(vi) teach, supervise, and counsel the patient and 
family members about providing care for the 
patient at home: and 

(vii) supervise and train other nursing service 
personnel. 

(b) Licensed practical nurse duties are delegated by 
and performed under the supervision of a regis- 
tered nurse. Consistent with the care plan, 
duties may include: 

£i} participating in assessment of the patient's 
condition: 

(ii) implementing nursing activities, including the 
administration of prescribed medical treatments 
and medications: 

(iii) assisting in teaching the patient and family 
members about providing care to the patient at 
home: and 

(iv) delegating tasks to nurse aides and supervising 
their performance of tasks within the limita- 
tions established in 21 NCAC 36 .0225(d)(2) 
adopted by reference. 

(c) The agency must retain current nursing on-call 
schedules and previous schedules for one year 



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1303 



PROPOSED RULES 



and make them available, on request, to the 
Department. 

(2) Social work services which shall include, but not 
be limited to ufloiotiDg with preadmission nssoo s 
nnonti conducting an assessment of the psychoso- 
cial needs of the patient and family with the 
establishment of goals in the care plan to meet 
those needs; on-going counseling related to issues 
of death and dying to the patient and family as 
needed; and assisting the patient and family in the 
utilization of appropriate community resources. 

(3) Additional counsoling sor^'ioo s which shall include 

diotar>'. spiritual and any other couniwling sors'iooa 

desir e d by th e pati e nt and family. Spiritual 

oouno e ling shall includ e liaison and oonoultation 
with the patient family clergy and other oommu 
nit)' based clergy. — The hospice s hall not impose 
any spiritual value or b e li e f oyot e ms on pati e nts 
and famili e s. — All oounsoling oorvioes shall b e in 
accordxmoo with the care plan. 

(3) Spiritual counseling shall be offered to each 
hospice patient/ family. The hospice shall assure 
that: 

(a) no spiritual value or belief system is imposed on 
patients and families; 

(b) a spiritual assessment is completed on each 
patient during the admission process; and 

(c) a liaison and consultation is maintained with the 
patient family clergy or spiritual caregiver and 
other community based clergy or spiritual care- 
givers. 

(5) £4} Patient family Volunteer volunteer services 
for a broad range of activities under the direction 
of the coordinator of patient family volunteers. 

(6) £5} Inpatient care services, for symptom manage- 
ment or respite care in a licensed hospital, hospital 
ec nursing facility or licensed hospice inpatient 
facility, unless the hospice operates its own inpa- 
tient facility . The hospice shall assure that: 

(a) a written agreement, is signed by both provid- 
ers, which assures that the inpatient facility will 
provide care and services to hospice patients 
when necessary; 

(b) the inpatient provider has policies consistent with 
the needs of hospice patients and their families 
and will, if necessary, modify policies such as 
visiting hour restrictions and routine tests, to 
meet those needs; 

(c) the hospice monthly updated plan of care is 
fiimished to the inpatient provider to ensure that 
the regimen established is followed as closely as 
feasible during the inpatient stay; 

(d) all inpatient treatment and services are docu- 
mented in the inpatient medical record and copy 
of the discharge summary retained as part of the 
hospice record; and 

(e) effective transition from one type care to another 



(ai 



(h) Nurse aide 



be maintained with continuity of care being the 
primary goal. 

(6) If the hospice provides or arranges for nurse aide 
services, those services shall be provided in 
accordance with physician's orders and interdisci- 
plinary team care plan. 

Nurse aides shall only be assigned duties for 
which competence has been demonstrated and 
recorded in appropriate personnel records. 
Nurse aide duties may include, but are not 
limited to: 
{i} providing or assisting with personal care, i.e. 

bathing, mouth care, hair and skin care: 
(ii) checking vital signs and observing the patient's 

condition: 
(iii) assisting with ambulation and limited, routine 

exercises, 
(c) All nurse aide services shall be performed in 
accordance with a written assignment prepared 
by and under the supervision of the registered 
nurse. Supervision shall include a visit to the 
home by the nurse at least every two weeks, 
with or without the aide's presence, to assess the 
care and services provided. Documentation of 
supervisory visits shall be maintained in the 
medical record and include an assessment of the 
aide's performance in carrying out assigned 
duties and of the aide's relationship with the 
patient and family. 

(7) Additional services shall be offered either directly 
by the hospice or by arrangement when ordered 
by the physician. These include physical therapy, 
occupational therapy, nutritional assessment and 
dietary counseling and other services as needed 
and ordered by the physician in accordance with 
the hospice plan of care. 

f4) £8} Bereavement counseling shall be provided 
offered to family members and others identified in 
the bereavement plan of care for an appropriate a 
period of tifHe J2 months after the patient patient's 
death, to the family following the death of the 
pati e nt, g e n e rally not e xooeding one year. The 
hospice shall assure that: 
(a) an assessment of survivor risk factors is com- 
pleted during the patient's admission to hospice 
and during the patient's illness; 
(h) the bereavement care plan is established within 
six weeks after the patient's death; 

(c) the bereavement care plan shall contain informa- 
tion about who shall receive bereavement ser- 
vices and what services will be offered; 

(d) the bereavement care plan is reviewed quarterly 
at a minimum or more often as needed; and 

(e) discharge from bereavement services before the 
12 months expire is justified and documented. 

Statutory Authority G.S. 131E-202. 



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10:14 



PROPOSED RULES 



.0502 ADDITIONAL SERVICES 

When ordered by th e attending phyoioian and opooifiod in 
the oaro plan, the following so^'iooa muot bo provided oithof 
difoctly by the hoopioo o f by oontmotunl of f ongotnont ! 

(4) phyBioal th e rapy, 



oooupationol th e rapy, 
Bpooch therapy. 



9^ 

(4) homo health aide, 

{§) nutritional oooeoomont and dietary oounooling, and 

(6) other o e p i 'io e o when ord e r e d by the att e nding 

phyaioion in aooordanoo v ^ 'ith tho oaro plan to moot 
unuBUol noodo. 
Exooptiono to r e quirem e nto stated in thio Rul e ohall b « 
appro\'ed in writing by the att e nding physioion. 

Statutory Authority G.S. 131E-202. 

.0503 DIRECTION AND COORDINATION OF 
SERVICES 

(a) All hogpice soniooQ s hall bo provided in accordnnco 
with th e attending phyoioian'o orders and coordinated by th e 
pati e nt or family oare coordinator in aooordimoo with th e 
written caro plan dovolopod by tho intordisciplinary core 



(b) Eaoh pati e nt or family acc e pt e d for ho s pic e oore shall 
rec e iv e written information pertaining to s e rvio e e availabl e , 
including tho moano of contacting "on call" poroonnel when 
ncodod and other information on nocoaaary. 

Statutory Authority G.S. 131E-202. 

.0504 HOME MEDICAL EQUIPMENT AND 
SUPPLIES 

(a) The hospice shall make arrangements for obtaining 
any necessary supplies, equipment or prosthetic devices 
needed by the patient in the home, e.g., dressings, cathe- 
ters, and oxygen. If the agency provides its own equipment 
and supplies, such services shall be in compliance with G.S. 
90-85.22 unless exempted by the law. 

(b) The agency shall have p>olicies that address at a 
minimum: 

(1) Set-up. delivery, electrical safety and environ- 
mental requirements for equipment. 

(2) Proper cleaning and storage, preventive mainte- 
nance and repair according to manufacturer's 
guidelines. 

(3) Transportation, tracking and recall of equipment 
to meet all a pplicable regulatory requirements. 

(4) Emergency preparedness and backup of systems 
for equipment or power failure. 

(5) Patient instruction materials for each item of 
home medical equipment or su pplies provided. 
A ppropriate staff shall document the instruction. 

Statutory Authority G.S. 131E-202. 



.0505 SERVICES ARRANGED WITH OTHER 
AGENCIES AND INDIVIDUALS 

(a) When a bodice makes arrangements for the provision 
of services by other agencies and individuals; there shall be 
a written agreement, signed by ftH both parties prior to the 
initiation of services to tho agr ee m e nt which includes the 
following: 

(1) the sjjecific service to be provided, provided: 

(2) the period of time the contract is to be in effect, 
effect: 

(3) the availability of o e rs'io e , service: 

(4) the financial arrongomonto, arrangements; 

(5) the provision for supervision of contracted 
personnel where applicabl e , applicable: 

(6) the verification that any individual providing 
services is appropriately licensed or registered as 
required by statute, statute; 

(7) the assurance that individuals providing services 
under contractual arrangement meet the same 
requirements as found in this Subchapter for 
hospice staff, and staff: 

(8) the provision for the documentation of services 
provided in the f>atient's medical record, record: 
and 

(9) provision for the sharing of assessment and care 
plan data. 

(b) All contracted services shall be provided in accor- 
dance with the orders of the attending physician and the care 
plan. 

(c) The hospice shall assure that all contracted services 
are provided in accordance with the agreement. The 
agreement shall be reviewed annually and updated as 
needed. 

(d) The hospice shall provide information and training as 
necessary on the hospice philosophy and concept of care to 
all agencies and individuals providing contracted services. 

(e) Contract providers of direct patient care shall docu- 
ment services on the day of care, and shall submit, every 
two weeks at a minimum, records of all services provided 
within that timeframe. 

Statutory Authority G.S. 131E-202. 

SECTION .0600 - PATIENT/FAMILY CARE 

.0601 ACCEPTANCE OF PATIENTS FOR HOSPICE 
SERVICES 

A hospice shall implement and follow written policies 
governing the acceptance of patient which include at the 
minimum: 

(1) (a) Th e hoopio e ohall hav e writt e n polioi e o which 
aro implomontod by Involvement of the interdisci- 
plinary care team in making decisions regarding 
acceptance of patients and families and the desig- 
nation of a primary caregiver. 

(2) (b) Prior to aoooptanoo, tho hospioo shall conduct 
an initial Initial assessment of the patient prior to 



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October 16, 1995 



1305 



PROPOSED RULES 



acceptance to ensure that its resources are suffi- 
cient to meet the needs of the patient and family. 

(3) (o) Pati e nto aoo « ptod oholl bo under th e oar e of a 
physician who hofl dotorminod that hoapioo core is 
appropriate, and who agrooo to aarvo as attending 
phyoioian. Provision for a determination by the 
patient's physician that hospice care is a ppropriate 
and agreement to continue as the attending physi- 
cian while the patient receiyes hospice services. 

(4) (d) — Patient aooopted shall sign an ilnformed 
consent signed by the patient thereby agreeing to 
hospice services being provided. If the patient is 
unable to sign, the form may be signed in accor- 
dance with Rule .010204^12) of this Subchapter. 

(5) Advance notification of at least 48 hours to the 
patient or family when service provision is to be 
terminated, except in cases where the patient is in 
agreement with changes or there is a danger to a 
patient or staff member. 

(6) Each patient or family accepted for hospice care 
shall receive written information pertaining to 
services available, including the means for con- 
tacting "on-cair personnel when needed and other 
information as necessary. 

Statutory Authority G.S. 131E-202. 

.0602 PROVISIONS OF CARE 

(a) iMl coro and sorvioo e provided shall bo in accordonoe - 
with th e attending physioion'o written ordoro and th e oar e 
plan. — Phyoioian'o ord e rs ohall bo revi e w e d and oign e d by 
the physician at loaat c i 'or)' two months and nmlntoinod in 
the patient's medical record. — Ordew shall include, but not 
b e limited to, drugs, treatm e ntfl and other sf> e oial oar e ; di e t; 
aotivit)'; and other opeoifio th e rapy sop i 'iooo. 

ffe) — Cafo and treatments that ofo required by statute of 
nile to bo rondorod by or under the 3upor>'ision of lioonsod 
p e roono must bo oorriod out by individualo curr e ntly li 
o e nood, c e rtifi e d, or r e gist e r e d in North Carolina. 

Statutory Authority G.S. 131E-202. 

.0603 HOME HEALTH AIDE SERVICES 

(a) If the hospice provides or arrangoo for home health 
aide sei' r 'icoa, those services shall be provided in aocordanco 
with physioian'o orders and interdiooiplinory team oar e plan. 
fb^ — Hom e h e alth oid e o shall only b e aooign e d duti e o for 
which competence has boon demonstrated and recorded in 
appropriate personnel records. 

(e^ — Hom e h e alth aid e duti e o may includ e , but ar e not 
limit e d to: 

{^ providing or assisting with fwrsonal care, i.e. 

bathing, mouth core, hair and akin care; 

(3) ohooking vital signs and obo e r\'lng th e pati e nt's 

condition; 

{^ assisting with ambulation and limited, Foutlne 

exercisofl. 



(d) — i\ll homo health aide sor\'iooG shall bo poffofu i od in 
acoordano e with a ^'ritlen aooignmont prepared by and under 
th e sup e rvision of th e registered nuro e . — Sup e rvision ohall 
include a visit to the homo by the nu f se at least evof>' two 
weeks, with of without the aide's prooonoe, to aoooos the 
core and o e rvioeo provided. — Doouro e ntation of oup e rvioor^' 
visito shall be maintain e d In th e m e dical rooord and Inoludo 
an aflsoosmont of the aide's perf u i 'u iuuuo in carfylng out 
assigned duties and of the aide's rolationahip with the patient 
and family. 

Statutory Authority G.S. 131E-202. 

.0604 PATIENT'S RIGHTS AND 
RESPONSIBILITIES 

(a) A hospice agency must provide each patient with a 
written notice of the patient's rights and responsibilities in 
advance of furnishing care to the patient or during the initial 
evaluation visit before the initiation of services. The agency 
must maintain documentation showing that each patient has 
received a copy of his rights and responsibilities. 

£b} The notice must Include at a minimum the patient's 
right to: 

(1) be Informed and participate in the patient's plan 
of care: 

(2) voice grievances about the patient's care and not 
be subjected to discrimination or reprisal for 
doing so; 

{3} confidentiality of the patient's records: 
£4} be Informed of the patient's liability for payment 
for services: 

(5) be informed of the process for acceptance and 
continuance of service and eligibility determina- 
tion; 

(6) accept or refuse services: 

(7) be Informed of the agency's on-call service: 

(8) be advised of the agency's procedures for dis- 
charge: and 

(9) be informed of sup>ervisorv accessibility and 
availability. 

(c) A hospice agency shall provide all patients with a 
business hours telephone number for Information, questions 
or complaints about services provided by the agency. The 
agency shall also provide the Division of Facility Services' 
complaints number and the Department of Human Resources 
Careline number. The Division of Facility Services shall 
investigate all allegations of non-compliance with the rules. 

(d) A hospice agency shall initiate an Investigation within 
72-hours of complaints made by a patient or their family. 
Documentation of both the existence of the complaint and 
the resolution of the complaint shall be maintained by the 
agency. 

Statutory Authority G.S. 131E-202. 

.0605 HOME CARE 

If a hospice agency wishes to provide home care services 



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10:14 



PROPOSED RULES 



as defined in G.S 131E-136 and meets the requirements of 
10 NCAC 3L and Ae standards for the specific home care 
services a pplied for, the hospice agency may apply for a 
home care license. The extent of review shall be at the 
discretion of the Department. 

Statutory Authority G.S. 131E-202. 

SECTION .0700 - PATIENT/FAMILY CARE PLAN 

.0701 CARE PLAN 

The hospice shall have develop and implement policies and 
procedures which ensure that a written care plan is devel- 
oped and maintained for each patient and family. The plan 
shall be established by the interdisciplinary care team in 
acconlance with the orders of the attending physician and be 
based on the complete assessment of the patient's and 
family's medical, psychosocial and spiritual needs. The 
patient and family care coordinator shall have the primary 
responsibility for assuring the implementation of the pa- 
tient's care plan. The plan shall Include the following : 

(1) patient's diagnosis and prognosis: 

£2} identification of problems or needs and the estab- 
lishment of a ppropriate goals: 

(3) types and frequency of services required to meet 
the goals; and 

(4) identification of personnel and disciplines respon- 
sible for each service. 

The care plan shall be reviewed by a ppropriate interdisci- 
plinary care team members and updated at least once 
monthly. The interdisciplinary care team and other a ppro- 
priate personnel shall meet at least once every two weeks 
for the purpose of care plan review and staff support. 
Minutes shall be kept of these meetings that include the 
date, names of those in attendance and the names of the 
patients discussed. Additionally, entries shall be recorded 
in the medical records of those patients whose care plans are 
reviewed. 

Statutory Authority G.S. 131E-202. 

.0702 CONTENT OF PLAN 

Tho plan oholl includ e the following: 

^ patient's diagnosis and prognosifl, 

(^ identification of problems or needs and tho oatab 

liohm e nt of appropriat e goalo, 
(3) typoB and fr e qu e ncy of o e rvio ee r e quired to moot 

tho goolfl, and 
f4) idontifioation of poroono and d i sciplineo rooponai 

bl e for e ach o e rvio e . 

Statutory Authority G.S. 131E-202. 

.0703 REVIEW OF PLAN AND TEAM MEETINGS 

(ft) — Th e oare plan s hall b e r e vi e w e d by appropriat e 
interdisciplinary caro team mombors and updated at least 
onoo monthly. 



(b) The intotdisoiplinafy oofo team and othof app r opriate 
p e roonn e l diall meet on a frequent and r e gular bacio, at looot 
ono e e v e i>' two weoko, for th e purpoo e of oor e plan review 
and Btnff support. — Nlinutoe ahall be kept of theoo meeting s . 
Additionally, ontrieo shall bo fooo f dod in tho modiottl 
reoordo of thos e pati e nta whos e oor e piano ore r e vi e wed. 

Statutory Authority G.S. 131E-202. 

SECTION .0800 - PHARMACEUTICAL AND 

MEDICAL TREATMENT ORDERS AND 

ADMINISTRATION 

.0801 PHARMACEUTICAL AND MEDICAL 
TREATMENT ORDERS 

(a) The hospice shall have develop and implement written 
poUcies and procedures for the administration of drugs and 
treatments including controlled substances. 

(b) The original order for drugs and treatments shall be 
signed by the attending physician and incorporated in the 
patient's medical record. Faxed orders shall be followed 
with a hard copy. 

(c) Verbal orders shall be given to a licensed nurse. BUfse 
ef physician or other person authorized by state law to 
implement orders , recorded and signed by the person 
receiving it and countersigned by the prescribing physician 
within on e w e ^ 30 days. Care may commence in the 
interim with evidence of a verbal order. 

(d) Changes in drugs and treatments shall be signed by 
the physician and incorporated in the medical record within 
on e we e k 30 days . 

(e) Each patient's drug regimen shall be monitored to 
assure optimal symptom control in accordance with physi- 
cian's orders. Individuals qualified to perform such reviews 
are registered nurses, nuro e (RN) r e giotor e d by th e N.C. 
Board of Nursing and pharmacists (RPh) rogi stored by tho 
Nt — G-: — Board of Pharmft ey- licensed physicians, nurse 
practitioners, and physician's assistants a pproved to practice 
in North Carolina . The agency shall designate one or the 
other or both to carry out this responsibility. 

Statutory Authority G.S. 131E-202. 

.0802 ADMINISTRATION OF PHARMACEUTICALS 

(a) In a private home, the administration of prescribed 
medications is the primary responsibility of the patient, 
family member or caregiver. Where special skills or 
knowledge are required, medication shall be administered by 
a licensed registered nurse, licensed practical nurse with 
training specified by the North Carolina Board of Nursing, 
or physician. 

(b) In a licensed hospice residence, medications shall be 
administered by a licensed nurse. Exceptions to this 
requirement are as follows: 

(1) persons who hold statutory authority to adminis- 
ter medications; 

(2) hospice patients, their families or caregivers who 



10:14 



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October 16, 1995 



1307 



PROPOSED RULES 



provide personal care to individuals whose 
health care needs are incidental to the personal 
care required; 

(3) administration of oral nutritional supplements; 

(4) applications of non-systemic, topical skin prepa- 
rations which have local effects only provided 
that ongoing, jjeriodic assessment of any skin 
lesion present is carried out by a person licensed 
to make such assessments; and 

(5) administration of commonly used cleansing 
enema solutions or suppositories with local 
effects only. 

(c) In a hospice inpatient unit or freestanding hospice 
inpatient facility, medications shall be administered by a 
licensed nurse, in accordance with the agency's, policies or 
in accordance with the contractual agreement between the 
hospice and the facility. 

(d) The administration of all medications must be docu- 
mented in the patient's record by the licensed nurse, 
including those medications administered by the licensed 
nurse and those administered by the patient family or, 
caregiver, as ordered by the physician. 

(e) The provision of medications shall be specified in the 
agency's f)olicies or in accordance with the contractual 
agreement between the hospice and the facility. 

£f) A hospice agency or facility shall develop and imple- 
ment written policies and procedures to govern the procure- 
ment, storage, administration and disposal of all drugs and 
biologicals Ln accordance with federal and state laws. 

£g} Medications used in the home are the property of the 
patient and family and shall be a ppropriately stored. 
Hospice staff shall encourage disposal of unused or discon- 
tinued medications. Witnessed or reported disposal of 
medications shall be documented by hospice staff in the 
patient's record. 

(h) If the agency maintains an emergency drug kit, 
handling shall be in accordance with the North Carolina 
Board of Pharmacy 21 NCAC 46 .1400. 

Statutory Authority G.S. 131E-202. 

.0803 DRUG DISPOSITION 

{et) — Th e hospio e shall not koop any l e g e nd drugs or 
pharmacoutical B on its lioonsod promisoe, unlooB it is a 
frcoetonding hospico, hospico roaidonoo, hospioo inpatient 
unit, or a part of an inpati e nt faoilitj' lio e nood undor G.S. 
Chapt e r 13 IE, Articl e 5 or 6. 

(b) Modicationii aro the property of the patient and family 
and shall bo appropriately stored in the homo. 

(e) — Hospio e staff shall e noourag e disposal of unuo e d or 
diooontinu e d m e dioationa. 

Statutory Authority G.S. 131E-202. 

SECTION .0900 - MEDICAL RECORDS 

.0901 CONTENT OF MEDICAL RECORD 



(a) The hospice shall have develop and implement policies 
and procedures implomon ted to ensure that a medical record 
is maintained for each patient and is made available for 
licensure inspection unless the patient, who has been so 
informed, objects to such inspection in writing. If the 
patient is not able to approve or disapprove the release of 
such information for inspection, the patient's legal guardian 
may make the decision and so indicate Ln writing. 

(b) The record shall contain jjertinent past and current 
medical and social data and include the following informa- 
tion. 

(1) identification data (name, address, telephone, 
date of birth, sex, marital statiis); 

(2) name of next of kin or legal guardian; 

(3) names of other family members; 

(4) religious preference and church affiliation and 
clergy spiritual caregiver if appropriate; 

(5) diagnosis, as determined by attending physician; 

(6) authorization from attending physician for hos- 
pice care; 

(7) source of referral; 

(8) initial assessments^ including physical, social, 
spiritual, environmental, and bereavement; 

(9) consent for care form; 

(10) physician's orders for drugs, treatments and 
other special care, diet, activity and other spe- 
cific therapy services; 

(11) care plan; 

(12) clinical notes containing a record of all profes- 
sional services provided directly or by contract 
with entries signed by the individual providing 
the services; 

(13) home health nurse aide and hospice caregiver 
notes describing activities jjerformed and perti- 
nent observations; 

(14) a copy of the signed patient's rights form or 
documentation of its delivery; 

(44^ (15) patient family volunteer notes, as applica- 
ble, indicating type of contact, activities per- 
formed and time spent; 

(+5) (16) discharge summary to include services 
provided, or reason for discharge if services are 
terminated prior to the death of the patient; and 

fi6) (17) bereavement counseling notes. 

Statutory Authority G.S. 131E-202. 

.0902 RECORD CONTENT, HANDLING AND 
RETENTION 

(a) The hospice agency shall have develop and implement 
written jxslicies governing the content^, aad handling and 
retention of patient records. The hospieo shall oaouro that 
medical foeorda are kept confidontial and secure on the 
lio e nood pr e mis e s and r e tain e d for a fwriod of not looo than 
fiv e years. 

(b) The agency shall maintain a patient record for each 
patient. Each page of the patient record shall have the 



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PROPOSED RULES 



patient's name. All entries in the record shall reflect the 
actual date of entry. Reference to anx activity which 
occurred on a date prior to the date of entry shall be 
identified as a late or out of sequence entry. A system for 
maintaining originals and copies shall be described in the 
agency policies and procedures. 

(c) The agency shall assure that originals of patient 
records are kept confidential and secure on the licensed 
premises unless in accordance with Rule .0209 of this 
Subchapter, or subpoenaed by a court of legal jurisdiction. 
or to conduct an evaluation as required in Rule .1001 of this 
Subchapter. 

(d) If a record is removed to conduct an evaluation, the 
record shall be returned to the agency premises within five 
working days. The agency shall maintain a sign out log that 
includes to whom the record was released, patient's name 
and date removed. 

(e) A copy of the patient record for each patient must be 
readily available to the hospice staff providing services or 
managing the delivery of such services. 

(f) Patient records shall be retained for a period of not 
less than three years from the date of discharge of the 
patient, unless the patient is a minor in which case the 
record must be retained until five years after the patient's 
eighteenth birthday. If a minor patient dies, as o pposed to 
being discharged for other reasons, the minor's records 
must be retained at least five years after the minor's death. 
When an agency ceases operation, the Department shall be 
notified in writing where the records will be stored for the 
required retention period. 

Statutory Authority G.S. 131E-202. 

SECTION .1000 - EVALUATION 

.1001 EVALUATION REQUIRED 

(a) The hospice shall have develop and implement policies 
and a written plan for the implementation of a comprehen- 
sive assessment at least annually of its overall program and 
performance. The quality and appropriateness of care 
provided shall be assessed with the findings used to verify 
fxilicy implementation, to identify problems and to establish 
problem resolution and j>olicy revision as necessary. 

(b) The hospice shall determine what individuals will 
carry out the evaluation. Representatives of the governing 
body, hospice staff, the interdisciplinary care team, and 
other appropriate professionals may be used. 

(c) The evaluation shall include, as a minimum, a review 
of all policies and procedures and a medical record review. 

(d) Documentation of the evaluation shall include the 
names and qualifications of the persons carrying out the 
evaluation, the criteria and methods used to accomplish it^ 
and the action taken by the agency as a result of the find- 
ings. 

Statutory Authority G.S. 131E-202. 



,1002 DOCUMENTATION OF EVALUATION 

Dooumontation of the evaluation r e quired in Rul e .1001 of 
this Sootion must includ e : 

(4^ oritoria and methods uaod to oooompliah it t 

(^ nomoa and o r odontiols of individuals who did the 

e valuation; and 
i¥) action taken as a rooult of the findingo, including 

any subsoquont policy change. 

Statutory Authority G.S. 131E-202. 
SECTION .1100 - HOSPICE RESIDENTIAL CARE 

. 1 102 HOSPICE RESIDENCE STAFFING 

(a) There shall be trained hospice caregivers on duty 24 
hours a day. A registered nurse shall be continuously 
available, for consultation and direct participation in nursing 
care. The registered nurse shall be on site when required to 
perform duties specified in the Nurse Practice Act. Super- 
vision shall be provided by the Patient and Family Care 
Coordinator who may delegate this responsibility to the 
registered nurse on call. 

(b) There shall be at least two staff on duty at all times. 

(c) All staff, including patient family volunteers, counsel- 
ors and clergy, shall complete training s{5ecific to dealing 
with the terminally ill and their families. 

(d) Nurse aides employed to provide direct care shall be 
supervised by licensed nurses. 

(e) Interdisciplinary team services shall be provided in 
accordance with the hospice plan of care. 

Statutory Authority G.S. 131E-202. 

.1113 PLANS AND SPECIFICATIONS 

(a) When construction or remodeling is planned, final 
working drawings and s{>ecifications must be submitted by 
the owner or feis the owner's af)pointed representative to the 
Department of Human Resources, Division of Facility 
Services for review and approval. Schematic drawings and 
preliminary working drawings should be submitted by the 
owner prior to the required submission of final working 
drawings. The Department will forward copies of each 
submittal to the Department of Insurance and Division of 
Health Services for review and approval. Three copies of 
the plans shall be provided at each submittal. 

(b) Construction work should not be commenced until 
written approval has been given by the Department. 
Approval of final plans and specifications shall expire one 
year from the date granted unless a contract for the con- 
struction has been signed prior to the expiration date. 

(c) If an approval expires, a renewed approval shall be 
issued provided revised plans meeting all current regula- 
tions, codes, and standards are submitted. 

(d) Completed construction must conform to the minimum 
standards established in these Rules. 

(e) The owner or designated agent shall notify the 
Department when actual construction starts and at f>OLnts 



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October 16, 1995 



1309 



PROPOSED RULES 



when construction is 75 percent and 90 percent complete 
and Ufxjn final completion, so that periodic and final 
inspections can be p>erformed. 

(f) The owner or designated agent shall submit for 
approval by the Department all alterations or remodeling 
changes which affect the structural Integrity of the building, 
functional operation, fire safety or which add beds or 
facilities over those for which the facility is licensed. 

Statutory Authority G. S. 131E-202. 

.1116 APPLICATION OF PHYSICAL PLANT 
REQUIREMENTS 

The physical plan requirements for each hospice residen- 
tial facility or unit shall be applied as follows: 

(1) New construction shall comply with the require- 
ments of Section .1100 of this Subchapter: 

(2) Existing buildings shall meet licensure and code 
requirements in effect at the time of construction, 
alteration or modification: 

(3) New additions, alterations, modifications, and 
repairs shall meet the technical requirements of 
Section .1100 of this Subchapter: however, where 
strict conformance with current requirements 
would be impracticable, the authority having 
jurisdiction may a pprove alternative measures 
where the facility can demonstrate to the Depart- 
ment's satisfaction that the alternative measures do 
not reduce the safety or operating effectiveness of 
the facility: 
Rules contained in Rule .1109 of this Section are 



£4} 



£5} 



£6) 



minimum requirements and not intended to pro- 
hibit buildings, systems or operational conditions 
that exceed minimum requirements: 
Equivalency: Alternate methods, procedures, 
design criteria, and functional variations from the 
physical plant requirements, because of extraordi- 
nary circumstances, new programs, or unusual 
conditions, may be approved by the authority 
having jurisdiction when the facility can effec- 
tively demonstrate to the Department's satisfac- 
tion, that the intent of the physical plant require- 
ments are met and that the variation does not 
reduce the safety or operational effectiveness of 
the facility; and 

Where rules, codes, or standards have any con- 
flict, the most stringent requirement shall apply. 



Statutory Authority G.S. 131E-202. 

SECTION .1200 - HOSPICE ESfPATIENT CARE 

.1202 ADDITIONAL STAFFING REQUIREMENTS 
FOR HOSPICE INPATIENT UNITS 

(a) All nursing services shall be provided under the 
supervision of a registered nurse. 

(b) There shall be sufficient nursing personnel on duty to 



meet patients' total nursing needs. In place of the staffing 
requirements in 10 NCAC . 1 102(a) and (b), one registered 
nurse and one additional staff person shall be on duty at all 
times. 

(c) Considerations for determining sufficiency of nursing 
personnel include, but are not limited to: 

(1) number of patients; 

(2) specific patient care requirements; 

(3) family care needs; and 

(4) availability of supjx)rt from other interdisciplin- 
ary team members. 

(d) Hospice caregivers shall not provide care to hospice 
inpatients m a combined hospice inpatient and residential 
facility or unit. 

Statutory Authority G.S. 131E-202. 

.1204 ADDITIONAL PATIENT CARE AREA 

REQUIREMENTS FOR HOSPICE INPATIENT 
UNITS 

(a) The floor area of a single bedroom shall not be less 
than 100 square feet and the floor area of a room for more 
than one bed shall not be less than 80 square feet per bed. 
The 80 square feet and 100 square feet requirements shall 
be exclusive of closets, toilet rooms, vestibules or ward- 
robes 

(b) The total space set aside for dining, recreation and 
other common uses shall not be less than 30 square feet per 
bed. Physical therapy and occupational therapy space shall 
not be included in this total. 

(c) A toilet room shall be directly accessible from each 
patient room and from each central bathing area without 
going through the general corridor. One toilet room may 
serve two patient rooms but not more than eight beds. The 
lavatory may be omitted from the toilet room if one is 
provided for each 15 beds not individually served. Thofo 
shall bo at looflt ono bathtub aocoesiblo on throe aidoo and 
on e oho' A 'er provid e d for oaoh 60 b e do or fraction thereof. 
There shall be a wheelchair and stretcher accessible central 
bathing area for staff to bathe a patient who cannot gerform 
this activity independently. There shall be at least one such 
area p)er each level in a multi-level facility. 

(d) For each nursing unit or fraction thereof on each 
floor, the following shall be provided: 

(1) an adequate medication preparation area with 
counter, sink with four-inch handles, medication 
refrigerator, eye-level medication storage, 
cabinet storage, and double-locked narcotic 
storage room, located adjacent to the nursing 
station or under visual control of the nursing 
station; 

(2) a clean utility room with counter, sink with 
four- inch handles, wall and under counter stor- 
age; 

(3) a soiled utility room with counter, sink with 
four-inch handles, wall and under counter stor- 
age, a flush-rim clinical sink or water closet 



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10:14 



PROPOSED RULES 



with a suitable device for cleaning bedpans and 
a suitable means for washing and sanitizing 
bedpans and other utensils; 

(4) a nurses' toilet and locker space for personal 
belongings; 

(5) an audiovisual nurse-piatient call system arranged 
to ensure that a patient's call in the facility is 
noted at a staffed station; 

(6) a soiled linen storage area; 

(7) a clean linen storage room area; and 

(8) at least one janitor's closet. 

(e) Dietaiy and laundiy each must have a janitor's closet. 

(f) Stretcher and wheelchair storage shall be provided. 

(g) Bulk storage shall be provided at the rate of five 
square feet of floor area per bed. 

(h) Office space shall be provided for persons with 
administrative responsibilities for the unit. 

Statutory Authority G.S. 131E-202. 

.nil APPLICATION OF PHYSICAL PLANT 
REQUIREMENTS 

The physical plant requirements for each hospice inpatient 
facility or unit shall be a pplied as follows: 

(1) New construction shall comply with the require- 
ments of Section .1200 of this Subchapter: 
Existing buildings shall meet licensure and code 
requirements m effect at the time of construction, 
alteration or modification: 
New additions, alterations, modifications, and 



m 



m 



m 



£51 



£6} 



repairs shall meet the technical requirements of 
Section . 1 100 of this Subchapter: however, where 
strict conformance with current requirements 
would be impracticable, the authority having 
jurisdiction may a pprove alternative measures 
where the facility can demonstrate to the Depart- 
ment's satisfaction that the alternative measures do 
not reduce the safety or operating effectiveness of 
the facility: 

Rules contained in Rule .1210 of this Section are 
minimum requirements and not intended to pro- 
hibit buildings, systems or operational conditions 
that exceed minimum requirements: 
Equivalency: Alternate methods, procedures, 
design criteria, and functional variations from the 
physical plant requirements, because of extraordi- 
nary circumstances, new programs, or unusual 
conditions, may be approved by the authority 
having jurisdiction when the facility can effec- 
tively demonstrate to the Department's satisfac- 
tion, that the intent of the physical plant require- 
ments are met and that the variation does not 
reduce the safety or operational effectiveness of 
the facility: and 

Where rules, codes, or standards have any con- 
flict, the most stringent requirement shall a pply. 



Statutory Authority G.S. 13 lE-202. 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the Commission for Mental Health, 
Developmental Disabilities and Substance Abuse Services 
intends to amend rules cited as 10 NCAC 18D .0209 and 
18F .0115 - .0117. 

Proposed Effective Date: January 1, 1996. 

Instructions on How to Demand a Public Hearing (must 
be requested in writing within 15 days of notice): Any 
individual who wishes to demand a public hearing should 
contact Charlotte Tucker, Division of Mental Health, 
Developmental Disabilities and Substance Abuse Services, 
325 N. Salisbury Street, Raleigh, NC 27603, (919-733-4774) 
within 15 days of this Notice. 

Reason for Proposed Action: 

10 NCAC 18D .0209 - Legislation in the recent General 
Assembly Session included an amendment to Article 3 
(Clients' Rights) of the Mental Health, Developmental 
Disabilities and Substance Abuse Act. G.S. 122C-53(i), 
which deals with certain exceptions to the confidentiality 
rules, formerly provided that a facility should disclose 
confidential information relating to a client to an attorney 
upon the client's request. The former statute did not 
distinguish between minors and adults, nor did it address the 
client 's competency status. To prevent the current Rule from 
being in conflict with the revised Statute, it is necessary to 
amend this Rule. 

10 NCAC 18F .0115 • .0117 - Current Rules apply to any 
qualfied mental health professional seeking registration as 
a forensic evaluator by the Division. The proposed revision 
is to expand the Rides to include a qualfied substance abuse 
professional seeking registration as a forensic evaluator. 

Comment Procedures: Any interested person may submit 
written comments and state the Rides to which the comments 
are addressed. These comments will be accepted through 
November 15, 1995. Thirty-five copies of the comments 
should be forwarded to Charlotte Tucker, Division of Mental 
Health, Developmental Disabilities and Substance Abuse 
Services, 325 N. Salisbury Street, Raleigh. NC 27603. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state finds. 

CHAPTER 18 - MENTAL HEALTH: OTHER 
PROGRAMS 

SUBCHAPTER 18D - CONFIDENTULITY RULES 

SECTION .0200 - RELEASE OF CONFIDENTUL 
INFORMATION WITH CONSENT 



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NORTH CAROLINA REGISTER 



October 16, 1995 



1311 



PROPOSED RULES 



(a) 



(b) 
(c) 

(d) 



.0209 PERSONS WHO MAY SIGN CONSENT FOR 
RELEASE 

The following persons may sign a consent for release of 
confidential information: 
(1) a comF>etent adult client; 
(^ on adult oli e nt who hoc boon adjudioat e d inoomp e 

tont. when oonoonting for roloaoe of information te 

an attorney; 
£2i f^the client's legally responsible person; 

(3) (4)a minor client oli e nto under the following 
conditions: 

when seeking services for veneral disease and 

other diseases reportable under G.S. 130A-134, 

pregnancy, abuse of controlled substances or 

alcohol, or emotional disturbances under G.S. 

90-21.5; 

when married or divorced; 

when emancipated by a decree issued by a court 

of com[>etent jurisdiction; 

when a member of the armed forces; or 

(e) v i. 'hon consonting for roloofio of information to an 

attorney; and 

(4) (#)personal representative of a deceased client if 
the estate is being settled or next of kin of a 
deceased client if the estate is not being settled. 

Statutory Authority G.S. 28A-13.3; 90-21.5; 122C-52; 
122C-53; 131E-67; 143B-147. 

SUBCHAPTER 18F - PROGRAM SUPPORT 
STANDARDS 

SECTION .0100 - TRAINING AND REGISTRATION 
OF FORENSIC EVALUATORS 

.0115 SCOPE 

(a) Tte purpose of Rules .0115 through .0122 of this 
Section is to specify the requirements that shall be met to be 
registered as a forensic evaluator by the Division of Mental 
Health, Developmental Disabilities and Substance Abuse 
Services. 

(b) The provisions of Rules .0115 through .0122 of this 
Section apply to any qualified mental health professional or 
qualified substance abuse professional seeking registration 
as a forensic evaluator by the Division. 

Statutory Authority G.S. 15 A- 1002; 143B-147. 

.0116 DEFINITIONS 

For the purposes of Rules .0115 through .0122 of this 
Section the following terms shall have the meanings indi- 
cated: 
(1) "Forensic Evaluation" means an examination 
ordered by the court to determine if the defendant 
has the cajsacity to proceed to trial, needs further 
treatment at an inpatient facility or further evalua- 
tion at the Pre-Trial Evaluation Center. 



(3) "Qualified Mental Hoalth Pfofoooionol" mocms a 

qualifi e d profoooional who m e oto th e appropriate 
quolifioationo as ref e renc e d in 10 NCAC 1 8 1 
.0120(71) in tho Stnndjirda for Area Pfogmms 
(Division publication APSM 35 1) and dofinod in 
10 NCAC liK .0103(6 8 ) "Uo e nour e Ruloo for 
M e ntal Health, M e ntal Retardation, and Other 
Dovolopmontal Disabilitioo and SubaUinoo Abuse 
Facilitioe" (i\PSM 4 2). 

(2) (3)"Pre-Trial Evaluation Center" means the foren- 
sic unit at Dorothea Dix Hospital. 

(3) "Quahfied Mental Health Professional" means the 
same as defined in 10 NCAC 14K .0103(c) con- 
tained in Division publication. Licensure Rules for 
Mental Health. Developmental Disabilities and 
Substance Abuse Facilities, APSM 40-2. 

(4) "Qualified Substance Abuse Professional" means 
the same as defined in IQ NCAC 14K .0103(c) 
contained in Ehvision publication, Licensure Rules 
for Mental Health. Developmental Disabilities and 
Substance Abuse Facilities, APSM 40-2. 

Statutory Authority G.S. 15A-1002; 143B-147. 

.0117 ELIGIBILITY FOR TRAINING 

(a) To be eligible for training as a forensic evaluator the 
applicant shall: 

(1) be a qualified mental health professional or a 
qualified substance abuse professional; 

(2) be an employee of, or work under contract with, 
an area program; and 

(3) have his name submitted as an applicant for the 
training and registration program by the area 
director. 

(b) The area program shall verify that the applicant meets 
the appropriate standards for a qualified mental health 
professional that are referenced in Rule .01 16(2) .0116 of 
this Section. 

Statutory Authority G.S. 15A-1002; 143B-147. 

Notice is hereby given in accordance with G.S. 
150B-21.2 that DHR/Division of Services for the 
Blind/Commission for the Blind intends to amend rules cited 
as 10 NCAC 19G .0501 - .0502. .0603. .0803, .0806, 
.0817, .0823 and adopt rules cited as 10 NCAC 19G .0606 - 
.0612. 

Proposed Effective Date: January 1, 1996. 

A Public Hearing will be conduaed at 10:00 am - 12:00 
noon on October 31, 1995 at the Division of Services for the 
Blind, Governor Morehead School Campus, Fisher Building 
Conference Room, 309 Ashe Avenue, Raleigh, NC 27606. 



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PROPOSED RULES 



Reason for Proposed Action: 10 NCAC 19G .0606 - .0612 
- To establish a priority order for service delivery if and 
when the Division has insufficient resources to serve all 
eligible individuals. 10 NCAC 19G .0501 - .0502, .0603. 
.0803, .0806, .0817, .0823 - To amend existing rules to 
comply with Public Law 102-569 (Rehabilitation Act of 1973 
as amended). 

Comment Procedures: Any interested person may present 
his/her comments either in writing at the hearing or orally 
at the hearing. Any person may request information, 
permission to be heard, or copies of the proposed regula- 
tions, by writing or calling John DeLuca, Division of 
Services for the Blind, 309 Ashe Avenue, Raleigh, NC 
27606, 919-733-9822. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. 

CHAPTER 19 - SERVICES FOR THE BLIND 

SUBCHAPTER 19G - VOCATIONAL 
REHABILITATION 

SECTION .0500 - ECONOMIC NEED 

.0501 BENEFITS 

(a) The Services for the Bhnd will give full consideration 
to any benefit available to the handicapp e d individual with 
a visual disability by way of pension, compensation, or 
insurance to meet, in whole or in part, the cost of any 
vocational rehabiUtation services provided to the individual 
except the following: 

(1) evaluation, including diagnostic and related 
services; 

(2) counseling and guidance; 

(3) placement. 

(b) When and to the extent that an individual is eligible 
for such benefits, such benefits will be utilized insofar as 
they are adequate, timely, or otherwise properly conducive 
to achieving the rehabilitation objective of the individual. 
Such benefits would include but need not be limited to: 

(1) Medicare, Medicaid hospital and physician's 
services plans in relation to physical restoration 
services; and 

(2) workmen's compensation, veterans' benefits, 
SSI, private insurance benefits, old age and 
survivors disability insurance benefits and unem- 
ployment compensation in relation to basic 
maintenance. 

Authority G.S. 111-28; 34 C.F.R. 361.47. 

.0502 ECONOMIC NEEDS POLICIES 

(a) The Services for the Blind will establish economic 
need for each cli e nt eligible individual either simultaneously 
with or within a reasonable time prior to the provision of 



those services for which the Division requires a needs test. 
This needs test is in accordance with S.L. 1989, c. 500, s. 
43. 

(b) The Division of Services of the Blind will furnish the 
following services not conditioned on economic need: 

(1) e valuation of r e habilitation potential (including 
diagnoBtio and related Borvio e o; an assessment 
for determining eligibihtv and vocational rehabil- 
itation needs by qualified personnel, including. 
if appropriate, an assessment by personnel 
skilled in rehabilitation technology; 

(2) counseling, guidance, and referral; 

(3) tuition and supplies for publicly operated ahol 
t e r e d — workohopa; Community Rehabilitation 
Program training: 

(4) tuition and fooo; fees for: 

(A") community college/college parallel and voca- 
tional programs up to the catalog rate; 

(B) post-secondary education up to the maximum 
rate charged for the public university system; 

(Q The Division requires all eligible individuals 
a pplying for training programs listed in Parts 
(by4)(A) and (B) of this Rule to first app ly for 
all eligible grants and financial aid; and 

(D) The Division may grant an exception to the 
rate for tuition and required fees for post- 
secondary education specified in Part (b)(4)(B) 
of this Rule when necessary to accommodate 
the special training needs of certain severely 
disabled individuals who must be eitfolled in 
high -cost, special programs designed for 
severely physically disabled students; 

(5) interpreter services for the deaf; 

(6) reader services, rehabilitation teaching services, 
and orientation and mobility services of the 
blind; 

(7) recruitment and training services to provide new 
employment opportunities in rehabilitation, 
health, welfare, public safety, law enforcement 
and other appropriate public service employ- 
ment; 

(8) job search, job placement in suitable employ- 
ment; assistance and job retention services: 

(9) DSB Rehabilitation Center services including 
transportation and training supplies contingent on 
an individual's participation in the center pro- 
gram; 

(10) extended evaluation services; 

(11) diagnostic transportation; 

(12) on-the-job training; 

(13) training and associated maintenance and trans- 
portation costs for Business Enterprises Program 
trainees; 

(14) upward mobility training and associated mainte- 
nance and transf>ortation costs for Business 
Enterprises Program trainees; aad 

(15) equipment and initial stocks and supplies for 



10:14 



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October 16, 1995 



1313 



PROPOSED RULES 



061 
(17) 



am 



state-owned (Randolph-Sheppard) vending 

stJindo. stands; 

Supported Employment Services; 

On-the-job and other related personal assistance 

services provided while an individual with a 

disability is receiving vocational rehabilitation 

services; and 

referral and other services designed to assist 

individuals with disabilities in securing needed 

services from other agencies through agreements 

developed under Section I01(a)(in of the Act, 

if such services are not available under this Act. 

(c) The following services will be provided by the 
Division of Services for the Blind and conditioned on 
economic need: 

(1) Physical and mental restoration services (medical 
services other than diagnostic); 
maintenance for additional costs incurred while 
participating in rehabilitation; 
transportation, except where necessary in con- 
nection with determination of eligibility or 
nature and scope of services; 
services to members of a hondioapp e d disabled 
individual's family necessary to the adjustment 
or rehabilitation of the hondicappod individual; 
individual with a disability; 
telecommunications, sensory, and other techno- 
logical aids and devices; 

post-employment services necessary to assist 
handioapp e d individuals with visual disabilities 
to maintain maintain, regain or advance in 
suitable employment except for those services 
not conditioned on economic need listed in (b) of 
this Rule; 

occupational licenses; 

tools, equipment, and initial stocks (including 
livestock) and supplies; and necessary shelters in 
coimection with the foregoing items; 
expenditures for short jjeriods of medical care 
for acute conditions arising during the course of 
vocational rehabilitation, which if not cared for, 
will constitute a hazard to the achievement of the 
vocational rehabilitation objective; 
books and other training materials; 
Rehabilitation Technology Services; and 
f4-i)other goods and services not contraindicated 
by the Act, which can reasonably be exjjected to 
benefit a handicapped an individual with a 
disability in terms of his employability. 

(d) The Division of Services for the Blind will maintain 
a written standard for measuring the financial need of oli e nta 
individuals with respect to normal living requirements and 
for determining their financial ability to meet the cost of 
necessary rehabilitation services, and for determining the 
amount of agency supplementation required to procure the 
necessary services. 

(e) The fwlicies will be reasonable and will be applied 



(2) 
(3) 

(4) 

(5) 
(6) 



(7) 
(8) 



(9) 



(10) 

im 

(12) 



uniformly so that equitable treatment is accorded all hondi 
eopped individuals with visual disabilities in similar circiun- 
stances. 

Authority G.S. 111-28; 34 C.F.R. 361.47; P.L. 102-569. 
Section 103. 

SECTION .0600 - APPLICANTS 

.0603 ORDER OF SELECTION FOR SERVICES 

All necessary vocational rehabilitation services will be 
provided without delay to all handioappod individuals 
determined to be eligible for services; however, if a situa- 
tion should develop under which vocational rehabilitation 
services cannot be extended without delay to all eligible 
clionta, a plan amondmont will bo submitted, sotting forth 
criteria for individuals, because the Division does not have 
the financial or staff resources to serve all eligible individu- 
als who apply for services, an order of selection of e ligibl e 
clients for provision of services^ shall be implemented. 
Rules .0606, .0607. and .0608 in this Section set out the 
order of selection for services that shall be followed by the 
Division of Services for the Blind Rehabilitation Program. 
The Rules do not apply to the Independent Living Rehabili- 
tation Program. As used in this order of selection, the 
following terms have the meaning specified: 

(1) "Division" means the Division of Services of the 
Blind of the Department of Human Resources. 

(2) "Division Director" or "Director" means the 
Director of the Division of Services for the Blind. 

(3) "Eligible individual" means an a pplicant whom the 
Division has determined is an individual with a 
visual disability who requires Vocational Rehabili- 
tation Services to prepare for, enter, engage in, or 
retain gainful employment. 

(4) "Individual with a severe disability" has the 
meaning specified in P.L. 102-569, Section 7(15) 
which is incorporated by reference. 

(5) "Individual with the most severe disability" means 
an individual with a severe disability whose 
impairment seriously limits two or more functional 
capacities in terms of an employment outcome. 

(6) "Functional capacity" means the abiUty to perform 
in the following areas: 

(a) mobility; 

(b) communication; 

(c) self-care; 

(d) self-direction; 

(e) interpersonal skills; 

(f) work skills; and 

(g) work tolerance. 

The Section of the Public Law incorporated by reference in 
this Rule shall automatically include any later amendments 
thereto as allowed by G.S. 150B-21.6. Copies of the 
Section of the PubUc Law so incorporated may be obtained 
at no cost from the Division. 



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10:14 



PROPOSED RULES 



Authority G.S. 111-28; 150B-21.6; 34 C.F.R. 361.36; P.L. 
102-569, Section 7(15) and Section 101(a)(5)(A). 

.0606 IMPLEMENTATION OF ORDER OF 
SELECTION 

(a) The E)irector of the Division of Services for the Blind 
shall make a determination of the necessity for implementing 
the order of selection specified in Rule .0603. 

(b) When the EHvision EHrector determines that the order 
of selection shall be implemented, it shall be implemented 
on a statewide basis; and the Director shall determine the 
priority categories which can be served within available 
resources. 

(c) The Division Director shall notify EHvision staff of the 
decision to implement an order of selection. 

(d) The Division shall provide written notification to all 
cooperative programs with which it has written agreements 
and all vendors of services as a ppropriate of its decision to 
implement an order of selection. 

Authority G.S. 143-545A; 143-546A; P.L. 102-569, Section 
101(a)(5)(A). 

.0607 DETERMINATION OF ORDER OF 
SELECTION PRIORITY 

(a) The Division of Services for the Blind shall provide 
written notification to aU a pplicants for services at the time 
of a pplication of either: 

(1") the existing order of selection as set out in this 
sub-section: or 

(2) that an order of selection will be implemented if 
or when it is determined the Division has insuf- 
ficient resources to serve all a pplicants who are 
determined eligible. 

(b) The Division shall determine each individual's priority 
category at the time the individual is determined eligible for 
service. The individual shall be placed in the highest 
category (beginning with Category One) for which he/she 
qualifies. 

(c) The Division shall notify in writing each eligible 
individual of his/her priority classification at the same time 
the eligibility notification is provided. 

(d) The Division shall change an individual's priority 
classification immediately if there are changes in the 
individual's circumstances that warrant a change. The 
Division shall notify the Individual in writing of any change 
in priority classification. 

(e) The individual's record of service shall contain 
documentation of the rationale for the priority category 
assignment. 

Authority G.S. 143-545 A; 143-546A; P.L. 102-569, Seaion 
101(a)(5)(A). 

.0608 PRIORITY CATEGORIES 

fa) The priority categories for the order of selection for 
services for eligible individuals are as follows: 



(1) Category One - Individuals with the most severe 
disabilities: 

(2) Category Two ; Individuals with a severe dis- 
ability; and 

(3) Category Three - Individuals with a non-severe 
disability. 

(b) The Division shall follow the provisions of P.L. 102- 
569. Section 101(a)(13)(B) which is incorporated by 
reference regarding public safety officer when a pplicable in 
its order of selection. This incorporation by reference shall 
automatically include any later amendments to the cited 
Section of the Public Law as allowed by G.S. 150B-21.6. 
A copy of the cited Section of the Public Law may be 
obtained at no cost from the Division. 

(c) An individual's priority category is determined when 
eligibility is determined as outlined in Rule .0607. 

Authority G.S 143-545A; 143-546A; P.L. 102-569, Section 

101(a)(5)(A). 

.0609 PROCEDURES 

(a) Ehgible individuals who are already receiving services 
under an Individualized Written Rehabilitation Program 
(IWRP) at the time the order of selection is implemented 
shall not be subject to the order of selection process. Their 
rehabilitation programs will continue until their records of 
service are closed. 

(b) The Division shall serve individuals in Priority 
Category One first and individuals in Ae other priority 
categories in descending order from Priority Category Two 
down through Priority Category Three according to the 
availability of resources. 

(c) Eligible individuals for whom rehabilitation services 
have not been planned under an Individualized Written 
Rehabilitation Program prior to the implementation of the 
order of selection and whose classification is below the 
categories a pproved for service shall be placed in a "wait- 
ing" status. They shall remain in the "waiting" status until 
their priority category is op>ened for services. 

(d) When the order of selection is implemented, all 
individuals whose classification will mean they will be 
placed in a "waiting" status shall be notified in writing of 
their status. When services are made available to any 
category in which individuals have been in a "waiting" 
status, the Division shall notify all persons in that priority 
category that their rehabilitation program can be developed. 

(e) Individuals determined eligible after the order of 
selection for service is Implemented shall receive services if 
they are classified in the categories being served or shall be 
placed in a "waiting" status if their classification places 
them in a category not currently being served. 

Authority G.S. 143-545A; 143-546A; P.L. 102-569, Section 
101(a)(5)(A). 

.0610 POST EMPLOYMENT SERVICES 

When a former recipient of services requires post-employ- 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1315 



PROPOSED RULES 



ment services and is otherwise eligible for such services, the 
services shall be provided without regard for the order of 
selection. 

Authority G.S. 143-545A; 143-546A; P.L. 102-569, Section 
101(a)(5)(A). 

.0611 CASE FINDING AND REFERRAL 

Case finding efforts shall not be modified because of an 
order of selection. The Division has a continued responsi- 
bility to make the public and referral sources aware of the 
services it has to offer eligible individuals with disabilities- 
Referral sources shall be informed of an existing order of 
selection or of the potential of an order of selection being 
implemented, but they shall be reassured that this should not 
discourage referrals or a pplications. 

Authority G.S. 143-545A; 143-546A; P.L. 102-569, Section 
101(a)(5)(A). 

.0612 THIRD-PARTY FUNDING ARRANGEMENTS 

The Division shall ensure that its funding arrangements for 
providing services, including third-party arrangements and 
establishment grants, are consistent with the order of 
selection. 

Authority G.S. 143-545A; 143-546A; P.L. 102-569, Section 
101(a)(5)(A). 

SECTION .0800 - HEARING PROCEDURE 

.0803 REQUEST FOR ADMINISTRATIVE REVIEW 
AND APPEALS HEARING 

(a) When any applicant for or client receiving vocational 
rehabilitation services wishes to request an administrative 
review or an appeals hearing, the individual shall submit a 
written request to the appropriate regional rehabilitation 
suptervisor of the Division. 

(b) The request shall indicate if the individual is request- 
ing: 

(1) An administrative review and an appeals hearing 
to be scheduled concurrently; or 

(2) only an apjseals hearing. 

(c) The request shall contain the following information: 

(1) the name, address, and telephone number of the 
applicant or client; and 

(2) a concise statement of the determination made 
by the rehabilitation staff for which an adminis- 
trative review or appeal is being requested and 
the manner in which the person's rights, duties 
or privileges have been affected by the determi- 
nation(s). 

(d) If a client ia roquosting on administrative review and 
th e ioou e to b e r e vi e w e d oono e mo th e denial of oorviooo 
already und e r^vay und e r th e oli e nt'o individualized writt e n 
rohabilitation plan (IWRP) and the oliont wishoo the diaputod 
aervioo s to continu e during the adminiatrativo review, the 



ohont shall tndioatc the dooifo to have the oerviooo oontinuod 
in th e r e qu e ot for an adminiotrotive review and oubmit the 
r e qu e ot prior to the off e otiv e date of th e chang e in the 
IWRP- — Th e Diviaion shall provide fo r the oontinuntion of 
the diaputod aorvioo sot forth in tho cliont'a IWRP during the 
adminiotrotiv e r e vi e w for a p e riod not to oxoood 30 oalondar 
days from th e proposed off e otiv e date of th e chang e in th e 
IWRP unless tho disputed aorvioo io oontraindioatod on the 
basis of medical or psyohologiool information oontainod ia 
tho individual's oao e r e cord, in which oaoa th e o e rvioo shall 
not b e continu e d. The Division shall not suspend, reduce. 
or terminate services being provided to a client under an 
Individualized Written Rehabilitation Program (IWRP) 
pending final resolution of the issue through either m 
appeals hearing or an administrative review unless the 
individual or the individual's representative so requests, or 
the Division has evidence that the services have been 
obtained through mi srepresentation . fraud, collusion, or 
criminal conduct on the part of the individual. 

Authority P.L. 102-569, Section 102 (d); G.S. 143-545 A; 
143B-157; 150B-2; 150B-23; 34 C.F.R. 361.48. 

.0806 APPOINTMENT OF HEARING OFFICER 

Upon receipt of the applicant's or client's request for an 
appeals hearing from the regional rehabilitation supervisor, 
the Director shall apf > oint arrange for the appointment of an 
impartial hearing officer who moots tho criteria of 3 4 
C.F.R 361.1(c)(2) to conduct a hearing, is in the pool of 
persons qualified as defined in P.L. 102-569. Section 7(28) 
and who is mutually agreed upon by the Director and the 
individual or the individual's representative. 

Authority G.S. 143-545A; 143B-157; 150B-2; 150B-23; P.L. 
102-569; C.F.R. 361.48. 

.0817 DISQUALmCATION OF HEARING OFFICER 

(a) If at any time the hearing officer believes he or she 
cannot conduct the hearing in a fair and impartial manner, 
the hearing officer shall submit to the Director a written 
statement indicating why he or she should be disqualified 
from the case. Submission of the statement shall disqualify 
the hearing officer. The Director shall inform all parties of 
the disqualification and the reasons therefor. 

(b) If a party to the case believes that the hearing officer 
of record cannot conduct a hearing in a fair and impartial 
manner, the party shall submit an affidavit to the hearing 
officer for consideration. The hearing officer shall deter- 
mine the matter as part of the record in the case, and this 
determmation shall be subject to judicial review at the 
conclusion of the proceeding. 

(c) When a hearing officer is disqualified or it is imprac- 
tical of the hearing officer to proceed with the hearing, the 
Director shall arrange for the a ppointment of another 
hearing officer who is in the pool of p)ersons qualified as 
defined in P.L. 102-569. Section 7(28) and who is mutually 
agreed upwan by the Director and the individual or the 



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October 16, 1995 



10:14 



PROPOSED RULES 



individual's representative s hall bo OBoignod by the Dirootoi * 
to proceed with the case. However, if it is shown to the 
Director or the newly assigned hearing officer that substan- 
tial prejudice to any party will result from continuation of 
the case then either: 

(1) The case shall be dismissed without prejudice; 
or 

(2) all or part of the case shall be repeated as neces- 
sary to substantially prevent or substantially 
remove the prejudice. The Director shall 
promptly inform all parties of the decision to 
assign a new hearing officer, that the case has 
been dismissed without prejudice, or that all or 
pwrt of the case is to be repeated. Such notifica- 
tion shall include a statement of the reasons for 
the decision. 

Authority G.S. 143-545 A; 143B-157; 150B-2; 150B-23; 34 
C.F.R. 361.48, P.L. 102-569. 

.0823 DIVISION DIRECTOR'S REVIEW AND 
FINAL DECISION 

(a) The Division Director may review the hearing 
officer's decision and render the final decision. 

(b) The Division Director's decision to review the hearing 
officer's decision shall be based on the following standards 
of review: 

(1) The hearing officer's decision shall not be 
arbitrary, capricious, an abuse of discretion, or 
otherwise unreasonable. 

(2) The hearing officer's decision shall be supported 
by substantial evidence; i.e., consistent with 
facts and applicable federal and state policy. 

(3) In reaching the decision, the hearing officer shall 
give appropriate and adequate interpretation to 
such factors as: 

(A) the federal statute and regulations as they 
apply to a specific issue in question; 

(B) the state plan as it afiplies to a specific issue in 
question; 

(C) Division procedures as they apply to a specific 
issue in question; 

(D) key portions of conflicting testimony; 

(E) Division options in the delivery of services 
where such options are permissible under 
federal statute; 

(F) restrictions in the federal statute with regard to 
supportive services as maintenance and trans- 
portation; and 

(G) approved federal or Division policy as it 
relates to an issue in question. 

(c) If the Division Director decides to review the hearing 
officer's decision, the Director shall send the written 
notification and allow the submission of additional evidence 
as required by 34 C.F.R. 361.48(c)(2)(iv) and (vii). The 
written notification shall be given to the applicant or client 
personally or by certified mail. If given by certified mail. 



it shall be deemed to have been given on the delivery date 
appearing on the return receipt. 

(d) Upon a determination to review the hearing officer's 
decision, the Division Director shall make the final decision 
and provide a written report thereof as required by 34 
C.F.R. 361.48(c)(2)(viii) and (ix). IM Division Director 
shall not overturn or modify a decision, or part of a deci- 
sion, of an impartial hearing officer that supports the 
fxjsition of the individual except as allowed under P.L. 102- 
569. Section 102(d)(3¥C). TTie final decision shall be given 
to the applicant or client personally or by certified mail. If 
given by certified mail, it shall be deemed to have been 
given on the delivery date appearing on the return receipt. 

(e) The hearing officer's decision shall be the final 
decision under the conditions specified in 34 C.F.R. 
361.48(c)(2)(v). 

(f) The Division Director shall forward a copy of the 
final decision, whether issued under (d) or (e) of this Rule, 
to the CAP Director, the regional rehabilitation supervisor, 
and the applicant's or client's representative, as appropriate. 
A copy shall also be included in the individual's official case 
record. 

Authority G.S. 143-545 A; 1438-157; 150B-2; 150B-23; 34 
C.F.R. 361.48; 102-569. Section 102(d). 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the DHR/Division of Medical Assistance 
intends to amend rule cited as 10 NCAC 26H .0213. 

Temporary: This Rule was filed as a temporary rule 
effective September 29, 1995 for a period of 180 days or 
until the permanent rule becomes effective, whichever is 
sooner. 

Proposed Effective Date: January 1, 1996. 

A Public Hearii^ will be conducted at 1:30 pm on Novem- 
ber 1 , 1995 at NC Division of Medical Assistance, 1985 
Umstead Drive, Kirby Bldg. , Room 132, Raleigh, NC. 

Reason for Proposed Action: This rule change will permit 
the State to utilize available Federal funds. In addition, it 
is expected that the receiving hospitals will make intergov- 
ernmental transfers to DMA. 

Comment Procedures: Written comments concerning this 
rule-making action must be submitted by November 15, 1995 
to: Division of Medical Assistance, 1985 Umstead Drive, 
Raleigh, NC 27603, ATTN: Portia Rochelle, APA Coordi- 
nator. Oral comments may be presented at the hearing. In 
addition, a fiscal note is available upon written request from 
the same address. 

Fiscal Note: This Rule affects the expenditure or distribu- 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1317 



PROPOSED RULES 



tion of Stale funds subjea to the Executive Budget Act, 
Article 1 of Chapter 143. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26H - REIMBURSEMENT PLANS 

SECTION .0200 - HOSPITAL INPATIENT 
REIMBURSEMENT PLAN 

.0213 DISPROPORTIONATE SHARE HOSPITALS 

(a) Hospitals that serve a disproportionate share of 
low-income patients and have a Medicaid inpatient utiliza- 
tion rate of not less than one f>ercent are eligible to receive 
rate adjustments. The cost report data and financial infor- 
mation that is required in order to qualify as a dispropor- 
tionate share hospital effective April 1, 1991 is based on the 
fiscal year ending in 1989 for each hospital, as submitted to 
the Division of Medical Assistance on or before April 1 , 
1991. The cost report data and financial information to 
qualify as a dispropxDrtionate share hospital effective July 1, 
1991 is based on the fiscal year ending in 1990 for each 
hospital, as submitted to the Division of Medical Assistance 
on or before September 1, 1991. In subsequent years, 
qualifications effective July 1 of any particular year are 
based on each hospital's fiscal year ending in the preceding 
calendar year. The patient days, costs, revenues, or charges 
related to nursing facility services, swing-bed services, 
home health services, outpatient services, or any other 
service that is not a hospital inpatient service cannot be used 
to qualify for disproportionate share status. A hospital is 
deemed to be a disproportionate share hospital if: 

(1) The hospital has at least two obstetricians with 
staff privileges at the hospital who have agreed 
to provide obstetric services to individuals 
ehgible for Medicaid. In the case of a hospital 
located in a rural area, the term obstetrician 
includes any physician with staff privileges at 
the hospital to perform non-emergency obstetric 
services as of December 21, 1987 or to a hospi- 
tal that predominantly serves individuals under 
18 years of age; and 

(2) The hospital's Medicaid inpatient utilization rate, 
defined as the percentage resulting from dividing 
Medicaid patient days by total patient days, is at 
least one standard deviation above the mean 
Medicaid inpatient utilization rate for all hospi- 
tals that receive Medicaid payments in the state; 
or 

(3) The hospital's low income utilization rate ex- 
ceeds 25 f>ercent. The low-income utilization 
rate is the sum of: 

(A) The ratio of the sum of Medicaid inpatient 
revenues plus cash subsidies received from the 
State and local governments, divided by the 
hospital's total patient revenues; and 

(B) The ratio of the hospital's gross inpatient 



charges for charity care less the cash subsidies 
for inpatient care received from the State and 
local governments divided by the hospital's 
total inpatient charges; or 

(4) The sum of the hospital's Medicaid revenues, 
bad debts allowance net of recoveries, and 
charity care exceeds 20 jjercent of gross patient 
revenues; or 

(5) The hospital, in ranking of hospitals in the State, 
from most to least in number of Medicaid 
patient days provided, is among the top group 
that accounts for 50% of the total Medicaid 
patient days provided by all hospitals in the 
State; or 

(6) Psychiatric Hospitals operated by the North 
Carolina Department of Human Resources, 
Division of Mental Health, Developmental 
Disabilities, Substance Abuse Services 
(DMH/DD/SAS) and UNC Hospitals operated 
by the University of North Carolina. 

(b) TTie rate adjustment for a dispropyortionate share 
hospital is 2.5 percent plus one fourth of one percent for 
each percentage point that a hospital's Medicaid inpatient 
utilization rate exceeds one standard deviation of the mean 
Medicaid inpatient utilization rate in the State. The rate 
adjustment is applied to a hospital's payment rate exclusive 
of any previous disprof>ortionate share adjustments: 

(1) An additional one time payment for the 12- 
month period ending June 30, 1995, in an 
amount determined by the Director of the Divi- 
sion of Medical Assistance, may be paid to the 
public hospital having the largest number of 
Medicaid inpatient days of all hospitals as deter- 
mined in Subparagraph (a)(5) of this Rule. The 
payment limits of the Social Security Act, Title 
XIX, section 1923(g)(1)(B) require that when 
added to other DSH payments, the additional 
disproportionate share payment will not exceed 
200 percent of the total costs of providing 
inpatient and outpatient services to Medicaid and 
uninsured patients less all payments received for 
services provided to Medicaid and uninsured 
patients. This payment may be doubled in 
accordance with section 1923(g)(2). The total of 
all payments may not exceed the limits on 
Disproportionate Share Hospital ftinding as set 
for the State by HCFA. 

(2) An additional one time payment for the 12- 
month period ending September 30, 1995, in an 
amount determined by the Director of the Divi- 
sion of Medical Assistance, may be paid to the 
public hospital having the largest number of 
Medicaid inpatient days of all hospitals as deter- 
mined in Subparagraph (a)(5) of this Rule, 
determined without regard to the inpatient days 
of either the hospital that qualifies for dispropwr- 
tionate share payments under the provisions of 



1318 



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October 16, 1995 



10:14 



PROPOSED RULES 



> 



> 



Subparagraph (b)(1) of this Rule or the hospitals 
that qualify for payments under 10 NCAC 26H 
.0212(b). The payment limits of the Social 
Security Act, Title XIX, section 1923(g)(1) 
applied to this payment require that when this 
payment is added to other DSH payments, the 
additional disproportionate share payment will 
not exceed 100 percent of the total costs of 
providing inpatient and outpatient services to 
Medicaid and uninsured patients less all pay- 
ments received for services provided to Medic- 
aid and uninsured patients. The total of all 
payments may not exceed the limits on Dispro- 
portionate Share Hospital funding as set for the 
State by HCFA. 

(3) An additional one time payment for the 12- 
month period ending September 30. 1995. in an 
amount determined by the Director of the Divi- 
sion of Medical Assistance, may be paid to the 
fhiblic hospitals that are the primary affiliated 
teaching hospitals for the University of North 
Carolina Medical Schools less payments made 
under authority of Paragraph (c) of this Rule. 
The payment limits of the Social Security Act. 
Title XDC. Section 1923(g)(1) a pplied to this 
payment require that when this payment is added 
to other Disproportionate Share Hospital pay- 
ments, the additional disproportionate share 
payment will not exceed 100 percent of the total 
cost of providing inpatient and outpatient ser- 
vices to Medicaid and uninsured patients less all 
payments received for services provided to 
Medicaid and uninsured patients. The total of 
all payments may not exceed the limits on DSH 
funding as set for the State by HCFA. 

(4) An additional one time payment for the 12- 
month period ending September 30. 1995. in an 
amount determined by the Director of the Divi- 
sion of Medical Assistance, may be paid to the 
hospitals that meet the requirements of the Social 
Security Act Title XIX. Section 1923(c) and that 
are owned or operated by the Public Hospital 
Authority organized pursuant to G.S. 131 E-15. 
that owns or operates hospitals as of September 
30. 1995 with a larger number of Medicaid 
inpatient bed days than any other such Public 
Hospital Authority. For qualification under this 
Subparagraph, the requirements of Subpara- 
graphs (a)( 1 ) through (6) of this Rule do not 
a pply. The payment limits of the Social Secu- 
rity Act. Title XIX. Section 1923(g)(1) applied 
to this payment require that when this payment 
is added to other Disproportionate Share Hospi- 
tal payments, the additional disproportionate 
share payment will not exceed 100 percent of 
the total cost of providing inpatient and outpa- 
tient services to Medicaid and uninsured patients 



less aU payments received for services provided 
to Medicaid and uninsured patients, except that 
any payments that may have been made under 
Subparagraph (b)(1) of this Rule to any hospital 
qualified for payment under this Subparagraph 
shall be divided by two for calculating payments 
received. The total of all payments may not 
exceed the limits on Disproportionate Share 
Hospital funding as set for the State by HCFA. 
(5) (3) The payments authorized by Subparagraphs 
(1) and (3) £4} of this Paragraph shall be effec- 
tive in accordance with G.S. 108A-55(c). 

(c) Effective July 1, 1994, hospitals eligible under 
Subparagraph (a)(6) of this Rule will be eligible for dispro- 
portionate share payments, in addition to other payments 
made under the North Carolina Medicaid Hospital reim- 
bursement methodology, fipom a disproportionate share pool 
under the circumstances specified in Subparagraphs (1), (2) 
and (3) of this Paragraph. 

(1) An eligible hospital will receive a monthly 
disproportionate share payment based on the 
monthly bed days of services to low income 
persons of each hospital divided by the total 
monthly bed days of services to low income 
persons of all hospitals items allocated funds. 

(2) This payment shall be in addition to the dispro- 
portionate share payments made in accordance 
with Subparagraphs (a)(1) through (5) of this 
Rule. However, DMH/DD/SAS operated 
hospitals are not required to qualify under the 
requirements of Subparagraphs (a)(1) through 
(5) of this Rule. 

(3) The amount of allocated funds shall be deter- 
mined by the Director of the Division of Medi- 
cal Assistance, but not to exceed the quarterly 
grant award of funds (plus appropriate 
non-federal match) earmarked for disproportion- 
ate share hospital payments less payments made 
under Subparagraphs (a)(1) through (5) divided 
by three. 

In Subparagraph (c)(1) of this Rule, bed days of services 
to low income persons is defined as the number of bed days 
provided to individuals that have been determined by the 
hospital as patients that do not possess the financial re- 
sources to pay portions or all charges associated with care 
provided. 

Low income persons include those ftersons that have been 
determined eligible for medical assistance. The count of 
bed days used to determine payment is based upon the 
month immediately prior to the month that payments are 
made. 

Disprof>ortionate share payments to hospitals are limited 
in accordance with The Social Security Act as amended. 
Title XIX section 1923 (g), limit on amount of payment to 
hospitals. 

(d) Effective January 1, 1995 (see Subparagraph (6) of 
this Paragraph) and subject to the availability of hmds, 



10:14 



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October 16, 1995 



1319 



PROPOSED RULES 



hospitals that qualify as disproportionate share hospitals 
under Subparagraphs (a)(1) through (5) of this Rule and that 
also ojjerate Medicare approved graduate medical education 
programs shall be eligible for disproportionate share 
payments for hospital inpatient services in addition to other 
payments made under the North Carolina Medicaid Hospital 
DRG reimbursement methodology from a dispropwrtionate 
share pool under the circumstances sp>ecified in Subpara- 
graphs (1) and (2) of this Paragraph: 

(1) Qualifications effective January 1, 1995 through 
September 30, 1995 are based on cost report 
data and financial information for the fiscal year 
ending in 1993 as submitted to the Division of 
Medical Assistance on or before September 1, 
1994. Qualifications for the 12 month period 
beginning October 1, 1995 and subsequent 12 
month periods beginning October 1 of each year, 
shall be based on cost report data and financial 
information for the fiscal year ending in the 
preceding calendar year, as submitted to the 
Division of Medical Assistance on or before 
September 1 immediately preceding the 12 
month period beginning October 1 for which 
eligibility is being determined. 

(2) Additional payments for the period from January 
1, 1995 through September 30, 1995 shall be 
made based on hospital cost per case mix index 
adjusted discharge, as established by Exhibit 5.1 
contained in the rejKJrt entitled "DRG-Based 
Prospective Payment Methodology for Inpatient 
Services" dated January 25, 1995 prepared by 
Myers and Stauffer, Chartered Certified Public 
Accountants, for the North Carolina Division of 
Medical Assistance and arranged from low to 
high as specified in Parts (A) and (B) of this 
Subparagraph: 

(A) Hospitals with a calculated cost j5er case mix 
Index adjusted discharge cost of three thousand 
one hundred fifty six dollars ($3,156) or less 
shall be entitled to an additional payment in an 
amount that when added to other Medicaid 
payments may not exceed 1(X)% of allowable 
Medicaid costs, as determined by the Medicare 
principles of cost reimbursement; 

(B) Hospitals with a calculated cost f>er case mix 
index adjusted discharge cost of more than 
three thousand one hundred fifty six dollars 
($3,156) shall be entitled to additional pay- 
ments In an amount that when added to other 
Medicaid payments may not exceed 85% of 
allowable Medicaid costs, as determined by 
Medicare principles of cost reimbursement. 

(3) Additional payments for the 12 month period 
beginning October 1, 1995 and for each subse- 
quent 12 month p>eriod shall be determined as 
specified in Parts (A), (B) and (C) of this Sub- 
paragraph: 



(A) The calculated cost per case mix index ad- 
justed discharge anwunt of three thousand one 
hundred fifty six ($3,156) shall be updated 
annually by the National Hospital Market 
Basket Index and the most recent actual and 
projected cost data available from the North 
Carolina Office of State Budget and Manage- 
ment; 

(B) Each hospital's cost jser case mix index ad- 
justed discharge shall be ascertained by analy- 
sis of charges for Medicaid Inpatient claims 
reimbursed under the DRG methodology and 
paid during the immediately preceding calendar 
year, multiplied by each hospital's ratio of cost 
to charges derived from cost report data and 
financial information for the fiscal year of each 
hospital ending In the preceding calendar year, 
as submitted to the Division of Medical Assis- 
tance on or before the first day of September 
inimediately preceding the 12 month |)eriod 
beginning October 1 for which eligibility is 
being determined; and 

(C) Hospitals with a case mix Index adjusted 
discharge cost equal to or less than three 
thousand one hundred fifty six ($3,156) plus 
any annual updated amount shall be entitled to 
an additional payment in an amount that when 
added to other Medicaid payments may not 
exceed 1(X)% of allowable Medicaid costs, as 
determined by the Medicare principles of cost 
reimbursement; hospitals with calculated costs 
per case mix index adjusted discharge greater 
than three thousand one hundred fifty six 
($3,156) plus any annual updated amount shall 
be entitled to additional payments in an amount 
that when added to other Medicaid payment 
does not exceed 85 % of allowable Medicaid 
costs, as determined by Medicare principles of 
cost reimbursement. 

(4) F'ayments shall be made on an estimated basis no 
less frequently than quarterly during the period 
for which such payments are to be made. 
Estimated payments shall be based on costs 
incurred and payments received for Medicaid 
inpatient DRG services during the most recent 
fiscal year for which the Division of Medical 
Assistance has a completed cost report. Esti- 
mated payments made to each hospital shall be 
cost settled as determined by an Independent 
CPA furnished by the provider, based on cost 
reports for the period for which payments are 
made, and appropriate adjustments shall be made 
to assure that such payments do not exceed the 
hospital's net cost of providing services to 
Medicaid patients. 

(5) Payments may not exceed the amount of funds 
available as determined by the Director of the 



1320 



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October 16, 1995 



10:14 



PROPOSED RULES 



(6) 



Division of Medical Assistance. Should avail- 
able funds be insufficient to pay in full the 
authorized payments, the Division of Medical 
Assistance shall ascertain maximum payments 
allowable and the fimds available to qualifying 
hospitals shall be prorated on that basis. 
The changes to disproportionate share payments 
authorized by this Paragraph are in accordance 
with G.S. 108A-55(c). 



Authority G.S. 108A-25(b); 108A-54; 108A-55; 42 C.F.R. 
447, Subpart C. 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the DHR - Division of Medical Assis- 
tance intends to amend rule cited as 10 NCAC SOB .0313. 

Proposed Effective Date: January 1, 1996. 

A Public Hearing will be conducted at 1:30 p.m. on 
November 15, 1995 at the NC Division of Medical Assis- 
tance, 1985 Umstead Drive, Kirby Building, Room 132, 
Raleigh, NC. 

Reason for Proposed Action: The amendment is proposed 
to clarify the income limit to use when detemuning Medicaid 
eligibility for "Qualified Medicare Beneficiaries. " 

Comment Procedures: Written comments concerning this 
rule-making action must be submitted by November 15, 1995 
to: Division of Medical Assistance, 1985 Umstead Drive, 
Raleigh, NC 27603, ATTN: Portia Rochelle, APA Coordi- 
nator. Oral comments may be presented at the hearing. In 
addition, a fiscal note is available upon written request from 
the same address. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 50 - MEDICAL ASSISTANCE 

SUBCHAPTER SOB - ELIGIBILITY 
DETERMINATION 

SECTION .0300 - CONDITIONS FOR ELIGIBILrrY 

.0313 INCOME 

(a) For family and children's cases, income from the 
following sources shall be counted in the calculation of 
financial eligibility: 
(1) Unearned. 

(A) RSDI, 

(B) Veteran's Administration, 

(C) Railroad Retirement, 

(D) Pensions or retirement benefits. 



(E) Workmen's Compensation, 

(F) Unemployment Compensation, 

(G) Support Payments, 
(H) Contributions, 

(I) Dividends or interest from stocks, bonds, and 

other investments, 
(J) Trust fund income, 

(K) Private disability or employment compensa- 
tion, 

(L) That portion of educational loans, grants, and 
scholarships for maintenance, 

(M) Work release, 

(N) Lump sum payments, 

(O) Military allotments, 

(P) Brown Lung Benefits, 

(Q) Black Lung Benefits, 

(R) Trade Adjustment benefits, 

(S) SSI when the client is in long term care, 

(T) VA Aid and Attendance when the client is in 
long term care, 

(U) Foster Care Board payments in excess of state 
maximum rates for M-AF clients who serve as 
foster parents, 

(V) Income allocated from an institutionalized 
spouse to the client who is the community 
spouse as sUted in 42 U.S.C. 1396r-5(d), 

(W) Income allowed from an institutionalized 
spouse to the cUent who is a dep>endent family 
member as stated in 42 U.S.C. 1396r-5(d), 

(X) Sheltered Workshop Income, 

(Y) Loans if repayment of a loan and not counted 
in reserve, 

(Z) Income deemed to Family and Children's 
clients. 

(2) Earned Income. 

(A) Income from wages, salaries, and commis- 
sions, 

(B) Farm Income, 

(C) Small business income including 
self-employment, 

(D) Rental income, 

(E) Income from roomers and boarders, 

(F) Earned income of a child client who is a 
part-time student and a full-time employee, 

(G) Supplemental payments in excess of state 
maximum rates for Foster Care Board pay- 
ments paid by the county to Family and Chil- 
dren's clients who serve as foster parents, 

(H) VA Aid and Attendance paid to a budget unit 
member who provides the aid and attendance. 

(3) Additional sources of income not listed in Sub- 
paragraphs (a)(1) or (2) of this Rule will be 
considered available unless specifically excluded 
by Paragraph (b) of this Rule, or by regulation 
or statute. 

(b) For family and children's cases, income from the 
following sources shall not be counted in the calculation of 



10:14 



NORTH CAROUNA REGISTER 



October 16, 1995 



1321 



PROPOSED RULES 



financial eligibility: 

(1) Earned income of a child who is a part-time 
student but is not a full-time employee; 

(2) Earned income of a child who is a full-time 
student; 

(3) Incentive payments and training allowances 
made to WIN training participants; 

(4) Payments for supportive services or reimburse- 
ment of out-of-jx>cket expenses made to volun- 
teers serving as VISTA volunteers, foster grand- 
parents, senior health aides, senior companions. 
Service Corps of Retired Executives, Active 
Corps of Executives, Retired Senior Volunteer 
Programs, Action Cooperative Volunteer Pro- 
gram, University Year for Action Program, and 
other programs under Titles I, D, and III of 
Public Law 93-113; 

(5) Foster Care Board payments equal to or below 
the state maximum rates for Family and Chil- 
dren's clients who serve as foster parents; 

(6) Income that is unpredictable, i.e., unplaimed and 
arising only from time to time. Examples 
include occasional yard work and sporadic 
babysitting; 

(7) Relocation payments; 

(8) Value of the coupon allotment under the Food 
Stamp Program; 

(9) Food (vegetables, dairy products, and meat) 
grown by or given to a member of the house- 
hold. The amount received from the sale of 
home grown produce is earned income; 

(10) Benefits received from the Nutrition Program 
for the Elderly; 

(11) Food Assistance under the Child Nutrition Act 
and National School lomch Act; 

(12) Assistance provided in cash or in kind under any 
governmental, civic, or charitable organization 
whose purpose is to provide social services or 
vocational rehabilitation. This includes V.R. 
incentive payments for training, education and 
allowance for dependents, grants for tuition, 
chore services under Title XX of the Social 
Security Act, VA aid and attendance or aid to 
the home bound if the individual is in a private 
living arrangement; 

(13) Loans or grants such as the GI Bill, civic, 
honorary and fraternal club scholarships, loans, 
or scholarshifjs granted from private donations to 
the college, etc., except for any portion used or 
designated for maintenance; 

(14) Loans, grants, or scholarships to undergraduates 
for educational purposes made or insured under 
any program administered by the U.S. Depart- 
ment of Education; 

(15) Benefits received under Title VTI of the Older 
Americans Act of 1965; 

(16) Payments received under the Experimental 



(17) 



(18) 



(19) 



(20) 



Housing Allowance Program (EHAP); 
In-kind shelter and utility contributions paid 
directly to the supplier. For Family and Chil- 
dren's cases, shelter, utilities, or household 
furnishings made available to the client at no 
cost; 

Food/clothing contributions in Family and 
Children's cases (except for food allowance for 
persons temporarily absent in medical facilities 
up to 12 months); 

Income of a child under 21 in the budget unit 
who is participating in JTPA and is receiving as 
a child; 

Housing Improvement Grants approved by the 
N.C. Commission of Indian Affairs or funds 
distributed per capital or held in trust for Indian 
tribe members under P.L. 92-254, P.L. 93-134 
or P.L. 94-540; 

Payments to Indian tribe members as permitted 
under P.L. 94-114; 

Payments made by Medicare to a home renal 
dialysis patient as medical benefits; 
SSI except for individuals in long term care; 
HUD Section 8 benefits when paid directly to 
the suppUer or jointly to the supplier and client; 
Benefits received by a client who is a represen- 
tative payee for another individual who is incom- 
petent or incapable of handling his affairs. Such 
benefits must be accounted for separate from the 
payee's own income and resources; 
Special one time payments such as energy, 
weatherization assistance, or disaster assistance 
that is not designated as medical; 
The value of the U.S. Department of Agriculture 
donated foods (surplus commodities); 
Payments under the Alaska Native Claims 
Settlement Act, Public Law 92-203; 
Any payment received under Title II of the 
Uniform Relocation Assistance and Real Prop- 
erty Acquisition Policies Act of 1970; 
HUD Community Development Block Grant 
funds received to finance the renovation of a 
privately owned residence; 
Reimbursement for transf>ortation exp>enses 
incurred as a result of participation in the Com- 
munity Work Experience Program or for use of 
client's own vehicle to obtain medical care or 
treatment; 

Adoption assistance; 

Incentive payments made to a client participating 

in a vocational rehabilitation program; 

Title XX fiinds received to pay for services 

rendered by another individual or agency; 

Any amount received as a refund of taxes paid. 

(c) For aged, blind, and disabled cases, income counted 

in the determination of financial eligibility is based on 

standards and methodologies in Title XVI of the Social 



(21) 

(22) 

(23) 
(24) 

(25) 



(26) 



(27) 



(28) 
(29) 



(30) 



(31) 



(32) 
(33) 

(34) 

(35) 



1322 



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October 16, 1995 



10:14 



PROPOSED RULES 



Security Act. 

(d) For aged, blind, and disabled cases, income from the 
following sources shall not be counted: 

(1) Any Cost of living Allowance (COLA) increase 
or receipt of RSDI benefit which resulted in the 
loss of SSI for those individuals described in 
Item (17) of Rule .0101 of this Subchapter. 

(2) Earnings for those individuals who have a plan 
for achieving self-support (PASS) that is ap- 
proved by the Social Security Administration. 

(e) Income levels for purposes of establishing eligibility 
are those amounts approved by the N.C. General Assembly 
and stated in the Appropriations Act for categorically needy 
and medically needy classifications, except for the follow- 
ing: 

(1) The income level shall be reduced by one-third 
when an aged, blind or disabled individual lives 
in the household of another person and does not 
pay his proportionate share of household ex- 
penses. The one-third reduction shall not apply 
to children under nineteen years of age who live 
in the home of their parents; 

(2) An individual living in a long term care facility 
or other medical institution shall be allowed as 
income level a deduction for personal needs 
described under Rule .0314 (Personal Needs 
Allowance) of this Subchapter; 

(3) The categorically needy income level for an 
aged, blind, and disabled individual or couple is 
the SSI individual or couple amount. This is the 
current Federal Benefit Rate (FBR); 

(4) The income level to be applied for Qualified 
Medicare Beneficiaries described in 42 U.S.C. 
1396d and individuals described in 42 U.S.C. 
1396e is based on the income level for one; or 
two for a married couple who live together and 
both receive Medicare. 

AuthorUy G.S. 108A-25(b); 108A-61; 42 C.F.R. 435.135; 42 
C.F.R. 435.731; 42 C.F.R. 435.732; 42 C.F.R. 435.733; 42 
C.F.R. 435.811; 42 C.F.R. 435.812; 42 C.F.R. 435.831; 42 
C.F.R. 435.832; 42 C.F.R. 435.1007; 42 U.S.C. 1383c(b); 
42 U.S.C. 1383c(d); 45 C.F.R. 233.20; P.L. 99-272; 
Section 12202; Alexander v. Flaherty Consent Order filed 
February 14, 1992. 



TITLE 13 - DEPARTMENT OF LABOR 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the N.C. Department of Labor intends 
to adopt rules cited as 13 NCAC 18 .0101 - .0110. The 
agency published a Notice of Subject Matter for this pro- 
posed rule-making in the North Carolina Register on April 
17, 1995, Page 149, (10:02 NCR 149). 

Proposed Effective Date: January 1, 1996. 



Reason for Proposed Action: 

13 NCAC 18 .0101 - Incorporates Chapter 17 by reference. 

13 NCAC 18 .0102 - Provides definitions for 13 NCAC 18. 

13 NCAC 18 .0103 - Sets out licensing procedures for job 

listing services. 

13 NCAC 18 .0104 - Describes surety bond requirement. 

13 NCAC 18 .0105 - Provides guidance on rules governing 

contracts. 

13 NCAC 18 .0106 - Governs records to be maintained by 

job listing services. 

13 NCAC 18 .0107 - Governs advertising. 

13 NCAC 18 .0108 - Addresses prohibited acts. 

13 NCAC 18 .0109 - Sets out procedure for DOL review of 

a job listing service. 

13 NCAC 18 .0110 - Provides perutlty amount for violations 

of the Act. 

Comment Procedures: Please submit your comments to 
Mr. Scott Templeton, APA Coordinator, NC Department of 
Labor, 4 W. Edenton Street, Raleigh, NC 27601, Fax (919) 
715-5629 by November 15, 1995. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state Junds. 

CHAPTER 18 - JOB LISTING SERVICES 

.0101 INTRODUCTION 

The Job listing Services Act (G.S. 95-47.19 through 95- 
47.32) directs that job listing services be subject to certain 
parts of G.S. 95. Article 5A regarding private persormel 
services. The North Carolina Administrative Code. Title 
13. Chapter 11 addresses G.S. 95. Article 5A. To the 
extent that it is applicable, and with the words "job listing 
service" substituted for the words "private personnel 
service" where a ppropriate, this Chapter incorporates 
Chapter 17 by reference. 

Statutory Authority G.S. 95-47.19; 95-47.21; 95-47.22; 95- 
47.23; 95-47.24; 95-47.30. 

.0102 DEFINITIONS 

As used in G.S. 95. Article 5B and this Chapter, unless 
the context clearly requires otherwise: 
(1) "Activities of a private personnel service. " as 
used in G.S. 95-47.19. includes, but is not limited 
to. the following: 
(a) producing a resume: 

Co) setting up an a ppointment on behalf of an a pp li- 
cant, or otherwise making contact with a pro- 
spective employer on behalf of an a pplicant; 

(c) testing an applicant's skill levels or aptitude for 
any type of work or profession; or 

(d) counseling the applicant on techniques for job 
search, interview, salary or benefits negotiation. 
or anx other job seeking methodology. 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1323 



PROPOSED RULES 



(2) "Job order" means an oral or written communica- 
tion from an employer authorizing a job listing 
service to include in the job listing service's list of 
jobs provided to a pplicants a position the employer 
currently has available. 

(3) Except as used in G.S. 95-47.19, "rules", "regula- 
tions", or "rules or regulations" as used in G.S. 
95. Article 5B and in this Chapter refer to admin- 
istrative rules adopted by the Department of Labor 
pursuant to G.S. 95. Article 5B and G.S. 150B. 

Statutory Authority G.S. 95-47.30. 

.0103 LICENSING PROCEDURES 

An a pplicant for a license to operate a job listing service 
shall follow the procedures set out in 13 NCAC 17 for 
application for a license to operate a private personnel 
service, with the exception of the surety bond requirement. 
The surety bond required to be filed is required under G.S. 
95^7. 22rb). 

Statutory Authority G.S. 95-47.22; 95-47.30. 

.0104 SURETY BONDS 

If a job listing service ceases business without completing 
its contracts with applicants or without paying refunds due 
under its contract with a pplicants, the North Carolina 
Department of Labor shall claim against the surety bond 
required under G.S. 95-47. 22rb) on behalf of the affected 
applicants in order to make them whole under the contract. 
Refunds shall be in full to the extent the surety bond 
proceeds allow. Refunds shall be prorated between the 
a pplicants if the amount of the surety bond does not allow 
full refunds. 



(1) Receiving a request from any applicant: or 

(2) If the refund is in dispute, upnan receiving a 
written final determination that a refund is due. 
Such determination may be issued by the Com- 
missioner, an arbitrator, or a court of law. 

(g) The terms of the contract shall constitute the entire 
agreement between the job listing service and the applicant. 
Any ambiguities in the contract or in information provided 
to the a pplicant outside the contract shall be interpreted in 
favor of the a pplicant. 

(h) Job listing services shall not provide to a pplicants 
guarantees of any sort relating to the service provided. 

ii} If the job listing service represents to the a pplicant that 
the service may be frozen or suspended as the a pplicant 
desires, the terms and conditions of such shall be included 
in the contract and shall include a place for the dates of the 
suspension and resumption to be entered and signed for by 
the applicant and the authorized representative of the job 
listing service. 

Statutory Authority G.S. 95-47.25; 95-47.30. 

.0106 RECORDS 

(a) Job orders or Job Specifications. A job order may be 
taken over the telephone but must be reduced to writing 
before being used with a prplicants. Every job listing service 
shall maintain records of individual jobs orders for 18 
months from the date on which the job was last published or 
used with a pplicants, whichever is later. 

(h) Dcensees Going Out of Business. If a licensee goes 
out of business records must be maintained pursuant to this 
Rule. Those records must be available to the Commissioner 
and the licensee must inform the Commissioner in writing 
as to where its records will be kept. 



Statutory Authority G.S. 95-47.9; 95-47.22; 95-47.30. 



Statutory Authority G.S. 95-47.29; 95-47.30. 



.0105 CONTRACTS 

(a) A job listing service must have a contract with an 
applicant for any service if a fee is charged to the a pplicant. 

(b) At the time of execution an a pplicant shall receive a 
copy of the contract signed by the applicant and the job 
listing service. 

(c) The a pplicant's name shall be typed or printed in a 
clearly legible manner adjacent to the place for the a ppli- 
cant's signature. 

(d} The contract shall include the a pplicant's address, 
driver's license state and number, social security number, 
and phone number. This information shall be legible. 

(e) All job listing service contracts for use with an 
a pplicant shall set forth in clear and unambiguous terms the 
respective rights and obligations of the applicant and the job 
listing service. 

(f) Refund Policy. A job listing service shall abide by the 
refund policy (if any) stated on jts contract by paying any 
refund due under the terms of the contract within 15 days 
of: 



.0107 ADVERTISING 

(a) Bona Fide Job Order Required. No licensee shall 
publish or cause to be published any advertisement of a 
position soliciting persons to contract with the job listing 
service unless the licensee has on file a bona fide job order 
covering all information set forth in Ae advertisement. 

(b) False or Misleading Advertisements. No licensee 
shall circulate to any a pplicant or employer any false or 
misleading information by advertisement or make any 
statements known to be false. 

(c) Advertising of Salaries. AU salaries, where the dollar 
amount is advertised, must be substantiated by the job 
order. 

Statutory Authority G.S. 95-47.9; 95-47.26; 95-47.30. 

.0108 PROHIBITED ACTS 

A job listing service shall not coerce an applicant into 
contracting with the job listing service by a pplying or using 
duress, undue influence, fraud or misrepresentation. 



1324 



NORTH CAROUNA REGISTER 



October 16, 1995 



10:14 



PROPOSED RULES 



Statutory Authority G.S. 95-47.4; 95-47.22; 95-47.30. .0110 PENALTY 

Any fine levied pursuant to G.S. 95-47. 9(e) shall be in Ac 
.0109 REVIEW OF JOB LISTING SERVICES amount of one hundred doUars ($100.00) for each da^ fee 

(a) Job Listing Service to Aid North Carolina Department job listing service operates without a license, the penalty not 
of Labor. A lob listing service shall aid the Department of to exceed a total of two thousand dollars ($2000. (W). 
Labor in any review of the service pursuant to G.S. 95- 

47.31 bi providing to the Department copies of all re; Statutory Authority G.S. 95-47.9; 95-47.21; 95-47.30. 
quested contracts with applicants. 

W) The Department of Labor shall post the results of any 
survey in the offices of &e Private Personnel Service 
Division for a minimum of 30 days. In addition a copy of 
the results shall be su pplied to any citizen who makes a 
request in writing. 

Statutory Authority G.S. 95-47.29; 95-47.30; 95-47.31. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 150B-21.2 that the Environment, Health, and Natural Resources - 
Environmental Management Commission intends to amend rule cited as 15 A NCAC 2H .0219. 

Proposed Effective Date: May 1, 1996. 

Public Hearings will be conducted at 7:00 pm on the following dates and locations: 

November 8, 1995 

Auditorium 

Catawba Valley Community College 

2550 Highway 70 SE 

Hickory, NC 

November 9, 1995 

Ground Floor Hearing Room 

Archdale Building 

512 N. Salisbury Street 

Raleigh. NC 

November 15, 1995 

Auditorium 

Pitt County Agriculture Center 

403 Old Creek Road 

Greenville, NC 

November 16, 1995 

Cafeteria 

New Hanover High School 

1307 Market Street 

Wilmington, NC 

Reason for Proposed Action: The existing rules that address reuse cf reclaimed water are considered to be inadequate due 
to several factors. The significant concerns expressed by the regulated community include: 

• Current regulations do not adequately address the broad spectrum of reuse opportunities and therefore, limit or 
prohibit many reuse projects from being pursued; and 

• Existing design criteria, such as treatment buffer requirements, do not facilitate or encourage water reuse. 

The Water Quality Section has been actively discussing rule revisions to specificalty address reuse. During these discussions. 



10:14 NORTH CAROUNA REGISTER October 16, 1995 1325 



PROPOSED RULES 



staff has had numerous opportunities to discuss reuse with the regulated community, interested individuals in the 
university/research area, interested individuals throughout both the health and environmental aspects of the Department of 
Environment, Health, and Natural Resources, the Water Issues Legislative Research Committee of the General Assembly, the 
Water Quality Committee of the Environmental Management Commission and the full Environmental Management 
Commission. 

Scope/Nature of Rule/and Summary of Rule After taking many of the comments and concerns of the above mentioned 
parties, the Water Quality Section has developed draft rule amendments to address the spectrum of reuse opportunities that 
appear to be praaical in the State of North Carolina. These rule modifications specifically address the following: 

• Treatment and operational considerations for facilities producing reclaimed water for reuse. 

• Clarification of language to allow the use of reclaimed water in combination with other disposal systems, such as 
surface water discharges (NPDES permits). 

• Identification requirements and design considerations for reclaimed water distribution systems. 

• Specific requirements for reuse of reclaimed water for the following activities: 

Areas intended to be accessible to the public such as residential lawns, golf courses, cemeteries, parks, 

school grounds, industrial or commercial site grounds, landscape areas, highway medians, roadways and 

other similar areas. 

Reclaimed water for industrial purposes such as process water or cooling water, aesthetic purposes such 

as decorative ponds or fountains, fire protection, dust control, street cleaning and other similar reuse 

options. 

Reclaimed water for urinal and toilet flushing or fire protection in sprinkler systems located in commercial 

or industrial facilities or buddings, apartment buildings, condominiums, hotels, motels or other similar 

structures provided that unauthorized personnel do not have access to the plumbing system for repairs or 

modifications. 

• Spec fie language indicating that stcffis concerned or cautious at this point in time to develop rules specifically for 
the use of reclaimed water for either irrigation of food crops for direct human consumption, use of reclaimed water 
for sv.'imming pools, hot-tubs or similar uses or as a direct raw water supply for potable water systems. 

Comment Procedures: The purpose of these hearings and the written comment period is to receive comments on the 
proposed amendments from interested people. The written comment period will be open until November 30, 1995. The EMC 
is interested in comments in favor of, opposed to, or alternatives to the proposed language. You may submit comments, 
statements, data and other irformation in writing prior to, during or <^r the hearing but no later than November 30, 1995. 
You may also present verbal comments at the hearing. The Hearing Officer may limit the length of time that you may speak 
so that all those who wish to speak may have an opportunity to do so. We encourage you to submit written comments. You 
may obtain further explanations and details of the proposed amendment by writing or calling: 

Donald Safrit, P.E. 

Assistant Chief for Technical Support 

DEHNR/Division of Environmental Management 

PO Box 29535 

Raleigh, NC 27626-0535 

(919) 733-5083, ext. 519. 

Important Note: The EMC may make some changes in final rules without renotice and rehearing, as long as the adopted 
rules do not dffer substantially from the proposed rules. The EMC may adopt rules that are more or less stringent than those 
being noticed. (See G.S. 150B-2 1.2(f) for this authority.) The EMC must determine that the final adopted rules are not 
substantially dfferent from the proposed rules. All interested and potentially effected persons are strongly encouraged to read 
the entire announcement and supporting irformation and make comments on the proposal presented. The proposed effective 
date for final rule amendments is May 1, 1996. The proposed modifications are designed to make the reuse program more 
fiexible to encourage utilization of highly treated wastewaters where drinking quality water may be currently utilized. 

Fiscal Note: This Rule does not cffea the expenditures or revenues of state or local government funds. There are no direct 
costs to local governments if they choose not to pursue the reuse of reclaimed wastewater. The rules regulating the reuse 
of reclaimed wastewater are strictly optional and totally voluntary. 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 



1326 NORTH CAROUNA REGISTER October 16, 1995 10:14 



PROPOSED RULES 



SUBCHAPTER 2H - PROCEDURES FOR PERMITS: APPROVALS 
SECTION .0200 - WASTE NOT DISCHARGED TO SURFACE WATERS 

.0219 MINIMUM DESIGN REQUIREMENTS 

(a) All facilities requiring a permit pursuant to this Section shall be designed following good engineering practice. The 
plans and specifications for all projects must be sealed by a Professional Engineer The only exceptions from the Professional 
Engineer requirement are those allowed in Rule .0205(d)(l)(A)(iii) of this Section. 

(b) Waste, including treated waste, shall not be placed directly into, or in contact with, GA classified groundwater unless 
such placement will not result in a contravention of GA groundwater standards, as demonstrated by predictive calculations 
or modeling methods acceptable to the Director. 

(c) Impoundments, trenches or other excavations made for the purpose of storing or treating waste will not be excavated 
into bedrock unless the placement of waste into such excavations will not result in a contravention of assigned standards, 
as demonstrated by predictive calculations or modeling methods acceptable to the Director. 

(d) The bottoms of earthen impoundments, trenches or other similar excavations with the exception of nitrification fields, 
infiltration systems, and sewer line excavations shall be at least four feet above the bedrock surface, except that the bottom 
of excavations which arc less than four feet above bedrock shall have a liner with a hydraulic conductivity no greater than 
1 X 10-7 centimeters per second. Liner thickness will be that thickness necessary to achieve a leakage rate consistent with 
the sensitivity of classified groundwaters. Separation distances or liner requirements may be reduced if it can be 
demonstrated by predictive calculations or modeling methods acceptable to the Director, that construction and use of these 
treatment and disposal units will not result in contravention of assigned standards. 

(e) Waste shall not be appUed or discharged onto or below the land surface when the vertical separation between the waste 
and the seasonal high water table is less than one foot. If the area is to be utilized for industrial waste and has a separation 
of less than three feet, and in other areas as designated by the Director, a demonstration must be made using predictive 
calculations or modeling methods, acceptable to the Director, that such placement will not result in contravention of classified 
groundwater standards. 

(f) Treatment works and disposal systems utilizing earthen basins, lagoons, p>onds or trenches, excluding nitrification 
fields, infiltration systems, and holding ponds containing non-industrial treated effluent prior to spray irrigation, for 
treatment, storage or disp)osal shall have either a liner of natural material at least one foot in thickness and having a hydraulic 
conductivity of no greater than 1 x 10-6 centimeters per second when compacted, or a synthetic liner of sufficient thickness 
to exhibit structural integrity and an effective hydraulic conductivity no greater than that of the natural material liner. 

(g) Except as otherwise provided by these reqxiirements or by terms of a f>ermit, all waste treatment, storage and disposal 
facilities must maintain and operate a groundwater monitoring system as approved by the Division. The monitoring system 
must be designed to assess the Impact of any discharge on the quality of the underlying groundwaters and must be based on 
the results of the hydrogeologic investigation. 

(h) For pumping stations: 

(1) no by-pass or overflow lines; 

(2) multiple pumps shall be provided capable of pumping at a rate of 2.5 times the average daily flow rate with any 
one pump out of service. Pump-on/Pump-off elevations shall be set such that 2-8 pumping cycles per hour may 
be achieved in the pump station at average flow. If extended detention times are necessary due to phased 
development, the need for odor and corrosion control must be evaluated by the applicant; 

(3) at least one of the following shall be required: 

(A) dual source or standby jxjwer supply on site or; 

(B) telemetry systems with sufficient numbers of standby generators and personnel for distribution or; 

(C) approval by the Director that the pump station: 

(i) serves a private water distribution system which has automatic shut-off at p>ower failure and no elevated 

water storage tanks, and 
(ii) has sufficient storage capacity that no potential for overflow exists, and 
(iii) is connected to facilities that can tolerate septic wastewater due to prolonged detention; or 

(D) where the waters that would be impacted by a power failure are classified as C, the applicant may be allowed 
to show a history of flower reliability that would demonstrate that an alternative power source or other 
reliability measures would not be needed. 

(4) screened vents for all wet wells; 

(5) high water audio and visual alarms; 

(6) protection from a 100 year flood; 

(7) restricted access to the site and equipment. 

(8) all-weather roadway to the site; 



10:14 NORTH CAROLINA REGISTER October 16, 1995 1327 



PROPOSED RULES 



(i) For sewer systems and sewer system extensions: 

(1) All building drains and building sewers which are approved by the local building inspector in accordance with 
the North Carolina Building Code are deemed to be permitted by the Environmental Management Commission; 

(2) All sewers shall be designed based upon at least minimum standards which include: 

(A) wastewater flow rate at design loading should result in the sewer flowing approximately half full. The sewer 
must also be evaluated as to its ability to carry peak loadings; 

(B) a velocity of two feet per second; 

(C) construction and ofjeration shall not result in water pollution; 

(D) infiltration rate limited to 100 gallons per day per inch of pipe diameter per mile of pipe; 

(E) construction and operation consistent with all applicable local ordinances; 

(F) for public gravity sewers, a minimum eight inch diameter pipe and for private gravity sewers, a minimum six 
inch diameter pip)e; 

(G) minimum separations: 

(i) Storm sewers (vertical) 12 inches 

(ii) Water mains (vertical-water over sewer) 18 inches 

or 

(horizontal) 10 feet 

(iii) In benched trenches (vertical) 18 inches 

(iv) Any private or public water 
supply source, including any 
WS-1 waters or Class I or 
Class n impounded reservoirs 
used as a source of drinking 

water 100 feet 

(v) Waters classified WS-n, WS-IH, 

B, SA. ORW, HQW, or SB [from normal 

high water (or tide elevation)] 50 feet 

(vi) Any other stream, lake or 

impoundment 10 feet 

(vii) Any building foundation 5 feet 

(viii) Any basement 10 feet 

(ix) Top slope of embankment or 
cuts of 2 feet or more 

vertical height 10 feet 

(x) Drainage systems 

(I) Interceptor drains 5 feet 

(U) Ground water lowering and 

surface drainage ditches 10 feet 

(xi) Any swimming pool 10 feet 

(xii) Ferrous sewer pipe with joints equivalent to water main standards, shall be used where these minimum 
separations cannot be maintained. The minimum separation shall however not be less than 25 feet from 
a private well or 50 ft from a public water supply well. 
(H) three feet minimum cover shall be provided for all sewers unless ferrous material pipe is sjjecified. Ferrous 
material pipe or other pipe with proper bedding to develop design supporting strength shall be provided where 
sewers are subject to traffic bearing loads; 
(I) the maximum separation between manholes shall be 425 feet unless written documentation is submitted with 
the application that the owner/authority has the capability to perform routine cleaning and maintenance on the 
sewer at the specified manhole separation; 
(J) drop manholes shall be provided where invert separations exceed 2.5 feet; 
(K) manholes shall be designed for 100-year flood protection; 
(L) an air relief valve shall be provided at all high points along force mains; 

(M) odor and corrosion control must be satisfactorily addressed by the applicant for all sewers and force mains with 
extended travel times, 
(j) For treatment works and disposal systems: 

(1) no by-pass or overflow lines; 

(2) multiple pumps if pumps are used; 

(3) at least one of the following: 



1328 NORTH CAROLINA REGISTER October 16, 1995 10:14 



PROPOSED RULES 



(A) dual source/dual feed or automatically activated standby power si^ly on site, capable of powering all essential 
treatment components under design conditions, or 

(B) approval by the Director that the facility: 

(i) serves a private water distribution system which has automatic shut-off at power failure and no elevated 

water storage tanks, and 
(ii) has sufficient storage capacity that no potential for overflow exists, and 
(iii) can tolerate septic wastewater due to prolonged detention; or 

(C) where the waters that would be impacted by a power failure are classified as C Waters, the applicant may be 
allowed to ^ow a history of power reliability that would demonstrate that an alternative power source or other 
source or reliability measures would not be needed. 

(4) protection from 100 year flood; 

(5) buffer zones of at least the following distances, and greater where necessary to comply with Section 2H .0400 
of this Subchapter or to address particular site or waste characteristics: 

(A) Any habitable residence or place of public assembly under separate ownership or which is to be sold: 
(i) for spray irrigation systems 

(application area) not covered by 

15A NCAC 2H .0219(k) 
(ii) for surface residual application 
(iii) for subsurface residual injection 
(iv) for facultative lagoons 
(v) for activated sludge plants or 

surface sand filters 
(vi) for soil remediation sites 

(B) Any private or public 
water supply source 

(C) Streams classified as WS or B: 
(i) for subsurface disposal 

(ii) for non-discharge surface dispKjsal except 

for high rate infiltration systems 
(iii) high rate infiltration systems 

(D) Waters classified SA or SB: 
(i) all systems except for high rate 

infiltration systems 



(ii) high rate infiltration systems 



(E) Any other stream, canal, marsh, or coastal waters 
(i) for subsurface disposal 

(ii) for non-discharge surface disposal except 

for high rate infiltration systems 
(iii) high rate infiltration systems 
(iv) wastewater treatment facilities 

(F) Any Class I or Class II impounded 
reservoir used as a source of 
drinking water 

(i) all systems except for high rate 
infiltration systems 



(ii) high rate infiltration systems 



(G) Any other lake or impoundment: 
(i) for subsurface disposal 
(ii) for surface disposal except for 



400 


feet 


400 


feet 


200 


feet 


400 


feet 


100 


feet 


100 feet 



100 feet 



50 feet 



100 
200 



feet 
feet 



100 feet 
from mean 
high water 

200 feet 
from mean 
high water 

50 feet 



100 

200 

50 



feet 
feet 
feet 



100 feet 

from normal 

high water 

200 feet 

from normal 

high water 

50 feet 



10:14 



NORTH CAROUNA REGISTER 



October 16, 1995 



1329 



PROPOSED RULES 



100 


feet 


200 


feet 


10 


feet 


15 


feet 


15 


feet 


15 


feet 


150 


feet 


50 


feet 


50 


feet 


50 


feet 


50 


feet 


50 


feet 



high rate infiltration systems 
(iii) high rate infiltration systems 
(H) Any building foundation except treatment facilities: 
(i) for subsurface dispHssal 
(ii) for surface disposal 
(I) Any basement 

(i) for subsurface disf>osal 
(ii) for surface disfxjsal 
(J) Any projjerty line 
(i) for spray irrigation 
(ii) for other surface disposal systems 
(iii) for subsurface residuals injection 
(iv) for other surface treatment systems 
(v) for other subsurface systems 
(vi) for soil remediation sites 
(K) Top of slope of embankments or cuts of two feet 
or more in vertical height 
(i) for systems other than rapid 

infiltration systems 15 feet 

(ii) for rapid infiltration systems 100 feet 

(L) Any water line from a disposal system 10 feet 

(M) Drainage systems (Ditches, drains, surface water diversions, etc): 
(i) Interceptor drains and surface water diversions (upslope) 

(I) for subsurface disposal 10 feet 

(n) for surface disposal other than 
spray irrigation systems and 

rapid infiltration systems 10 feet 

(TH) for spray irrigation systems 100 feet 

(IV) for rapid infiltration systems 200 feet 

(ii) Interceptor drains and surface water diversions (downslope) 

(I) for subsurface disposal 25 feet 

(H) for surface disposal other than 
spray irrigation systems and 

rapid infiltration systems 25 feet 

(in) for spray irrigation systems 100 feet 

(IV) for rapid infiltration systems 200 feet 

(iii) Groundwater lowering and surface drainage ditches 

(I) for subsurface disposal 25 feet 

(II) for surface disposal other 
than spray irrigation and 
rapid infiltration systems 
(in) for spray irrigation systems 
(IV) for rapid infiltration systems 
(N) Any swimming pool 

(i) for subsurface disposal 
(ii) for surface disposal 
(O) Any other nitrification field 

(except repair area) 20 feet 

(P) Any well with the exception of an 

approved groundwater monitoring well 100 feet 

(Q) Public right-of-way surface disposal 50 feet 

(6) flow equalization of at least 25 percent of the facilities permitted hydraulic capacity must be provided for all 
seasonal or resort facilities and all other facilities with fluctuations in influent flow which may adversely affect 
the performance of the system; 

(7) preparation of an operational management plan, including restricted access to the site and equipment, and, if 
appropriate, a crop management plan; 

(8) except for facilities for single family residences or as approved by the Director, appropriate monitoring wells 



1330 NORTH CAROUNA REGISTER October 16. 1995 10:14 



25 


feet 


100 


feet 


200 


feet 


15 


feet 


100 


feet 



PROPOSED RULES 



designed to assess the iapacts on the groundwater of any discharge and constructed in accordance with Section 
2C .0100 of this Chapter; 
(9) a minimum of 30 days of residual holding must be provided, 
(k) For Reuse of Reclaimed Wastewater: Land Application of DonaoGtio Wastewater on Golf Courooo and Othof Public 
Aooeoa Afoao ! It is &e intent of the Commission to encourage the beneficial reuse of the state's water resources concurrent 
with the protection of public health and the environment. In the event of conflict between the technical requirements of this 
Rule and any more stringent technical requirements of any other rule of this Commission, this Rule shall apply to Ae reuse 
of reclaimed wastewater. 

(1) The following are treatment requirements for reuse of reclaimed domestic, municipal or industrial wastewater 

where reuse is the only managed wastewater option utilized (e.g.. reuse option such as spray irrigation alone^: 

(A) (i) Aerated flow equalization facilities with a capacity based upon either a representative diurnal hydrograph 

or ef at least 25 percent of the daily system design flow. 
CB) ^ All essential treatment units shall be provided in duplicate. 

(O ^ The treatment process shall produce as a tertiary quality effluent (filtered or equivalent) with a monthly 
average TSS of leas than 5 mg/1 and a daily maximum TSS of los s than 10 mg/1 and a maximum monthly 
geometric mean fecal coliform level of less than or equal to 200 5/100 ml, prior to discharge to a fiv e day 
dotontion the irrigation pond. Effluent from the treatment facility shall be discharged to a five-day side-stream 
detention pond only if the fecal coliform levels caimot be met. The facility must have the ability to return the 
effluent back to the treatment facility or otherwise meet the effluent requirements prior to discharge to the 
irrigation pond. Continuous on-line monitoring for residual chlorine or for residuals of other disinfectants, if 
used, and for turbidity or particle count shall be provided prior to discharge to the irrigation pond. Continuous 
flow recording shall also be provided. 

(D) (4) There must be no public access to the wastewater treatment facility or the five-day detention pond. There 
shall be S 5Q foot buffer from the five day detention pond to property lines. 

(E) (S) The size of any irrigation pond, that follows the five day detention holding pond, shall be justified using 
a mass water balance based upon a recent 25 year period utilizing monthly average precipitation data, potential 
evapo transpiration and soil drainage data that are available from, or ^;e representative of. the area involved. 
for wors e oace oonditions of rooord. There shall be a 50 foot buffer from the irrigation pond to property lines. 

(F) (^ An automatically activated standby power source or other means to prevent improperly treated wastewater 
from entering the five day dotontion irrigation pond shall be provided. 

(G) f?) Requirements for the lining of the five-day detention and irrigation ponds, which may include use of 
impervious natural materials, shall be site-specific. 

(H) There shall be a certified operator of a grade equivalent or greater than the facility classification on call 24 
hours/day. 

(8) In the de s ign of the aprinklor syatom, there shall bo no direct orosa connootionB to a potable water supply 
(includoe no spigota on the distribution ayatom). 

(9) Th e rat e of application shall be oito apooifio. 

fW) Th e r e ohall b e a 50 foot vegotativo buffer zone bot\ ^ 'oon the edg e of aprny influonoo and th e n e ar e ot dw e lling. 
(M) Signa ahall bo posted at tho proahop atating that tho oouroo ia irrigated with treated waatowator. 
fi3) There ahall bo a oortifiod operator of a olaaa equivalent to tho olaoa facility on coll 2 4 houro/day. 
£2} The following are treatment requirements for reuse of reclaimed domestic, municipal or industrial wastewater 
where reuse is utilized in combination with other managed wastewater options (e.g.. reuse options and discharge 
via National Pollutant Discharge Elimination System (NPDES") permit'): 
(A) Aerated flow equalization facilities with a capacity based upon either a representative diurnal hydrograph or 

at least 25 percent of the daily system design flow. 
CB) All essential treatment units shall be provided in duplicate. 

(C) The treatment process shall produce a tertiary quality effluent (filtered or equivalent) with a fecal coliform level 
of less than or equal to 2(X)/1(X) ml. prior to reuse. Continuous on-line monitoring for residual chlorine or for 
residuals of other disinfectants, if used, and for turbidity or particle count shall be provided prior to reuse. 
Continuous flow recording shall also be provided. 

(D) An automatically activated standby power source or other means to prevent improperly treated wastewater from 
entering the reuse distribution system shall be provided. 

(E) There shall be a certified operator of a grade equivalent or greater than the facility classification on call 24 
hours/day. 

(F) No storage facilities are required as long as it can be demonstrated that other permitted disposal options are 
available if the reclaimed wastewater cannot be completely utilized. 

(3) Reuse Categories and specific requirements and conditions: 



10:14 NORTH CAROLINA REGISTER October 16, 1995 1331 



PROPOSED RULES 



(A) Reclaimed wastewater for land application to areas intended to be accessible to the public such as residential 

lawns, golf courses, cemeteries, parks, school grounds, industrial or commercial site grounds, landscape areas. 

highway medians, roadways and other similar areas: 

{i} The rate of application shall be site-specific and shall be in accordance with the recommendations of either 

a soil scientist, agronomist or an individual with at least three years experience in the comprehensive 

evaluation of soils. The application rate may take both the maximum soil absorption and water needs of 

the receiving crop into consideration. 

£ii} Notification shall be provided to inform the public of the use of reclaimed wastewater (Non Potable Water") 

and that the water is not intended for drinking, 
(iii) Minimum Buffers: 

(I) There shall be a 50 foot buffer from the edge of spray influence and the nearest dwelling on adjacent 

property. 
£11} There shall be a ^0 foot buffer from the edge of spray influence and any swimming f>ool or surface 

waters. 
(UD There shall be a 10 foot buffer from the edge of spray influence and any property line. 
CIV) There shall be a 100 foot buffer from the edge of spray influence and any water supply well. There 
shall be a 20 foot buffer from the edge of spray influence and any nonpo table well. 
(iv) Land Application requirements: 

(T) Complete plans and specifications for the entire system, including treatment, storage, application, and 
distribution facilities shall be required in accordance with Rule ■0205(d)(7') of this Section. Treatment 
works previously permitted will not need to be shown unless they are directly tied into the new units 
or are critical to the understanding of the complete process. 
(U) A city, county, municipal or other governmental entity that provides reclaimed wastewater to an 
approved distribution system may submit a program description for local approval of irrigation systems. 
The program submission shall consist of design guidance, cross-connection prevention, customer 
education, loading rate determination procedures and a complete description of how the program will 
be managed. 
CB) Reclaimed wastewater for industrial purposes such as process water or cooling water, aesthetic purposes such 
as decorative ponds or fountains, fire protection, dust control, street cleaning and other similar reuse options- 
Notification shall be provided to inform employees or the public of the use of reclaimed wastewater fNon 
Potable Water) in these systems and that the water is not intended for drinking. 
(C) Reclaimed wastewater may be used for urinal and toilet flushing or fire protection in sprinkler systems located 
in commercial or industrial facilities or buildings, apartment buildings, condominiums, hotels, motels or other 
similar structures provided that unauthorized persormel do not have access to the plumbing system for repairs 
or modifications. All reclaimed wastewater valves and outlets shall be of a type, or secured in a manner, that 
permits operation by authorized personnel onJv. Notification shall be provided to inform employees or the 
public of the use of reclaimed wastewater (Non Potable Water) in these systems and that the water is not 
intended for drinking. 

CD) Reclaimed wastewater shall not be used for irrigation of direct food chain crops. 

CE) Reclaimed wastewater shall not be used for swimming pools, hot-tubs or similar uses. 
(F) Reclaimed wastewater shall not be used for direct reuse as a raw potable water supply. 

(4") The following are requirements for systems that distribute reclaimed wastewater: 

(A) All reclaimed wastewater valves, storage facilities and outlets shall be tagged or labeled to warn the public or 
employees that the water is not intended for drinking. Where appropriate, such warning shall inform the public 
or employees to avoid contact with the water. 

(B) All reclaimed wastewater piping, valves, outlets and other appurtenances shall be color-coded, taped, or 
otherwise marked to identify the source of the water as being reclaimed wastewater. 

(i} AH reclaimed wastewater piping and appurtenances shall be either colored purple (Pantone 5221 and 
embossed or integrally stamped or marked "CAUTION: RECLAIMED WASTEWATER ; DO NOT 
DRINK" or be installed with a purple (Pantone 522) identification tape or polyethylene vinyl wrap. The 
warning shall be stamped on opposite sides of the pipe and repeated every 3 feet or less. 

(iil Identification tape shall be at least 3 inches wide and have white or black lettering on purple (Pantone 522) 
field stating 'CAUTION: RECLAIMED WASTEWATER - DO NOT DRINK". Identification tape shall 
be installed on toE of reclaimed wastewater pipelines, fastened at least every 10 feet to each pipe length 
and run continuously the entire length of the pipe. 

(iii) Existing underground distribution systems retrofitted for the purpose of distributing reclaimed wastewater 
shall be taped or otherwise identified as in Subpart (i) or (ii} of this Paragraph. This identification need 



1332 NORTH CAROLINA REGISTER October 16, 1995 10:14 



PROPOSED RULES 



not extend the entire length of the distribution system but shall be incorporated within 10 feet of crossing 
any potable water supply line or sanitary sewer line. 
(O All reclaimed wastewater valyes and outlets shall be of a type, or secured in a manner, that permits operation 
by authorized persormel only. 

(D) Aboye groimd hose bibs (spigots or other hand operated connections) shall not be present. Hose bibs shall be 
located in locked, below grade yaults which shall be clearly labeled as being of nonpotable quality. As an 
alternative to the use of locked, below grade vaults with standard hose bib services, hose bibs which can only 
be operated by a special tool may be placed in nonlockable underground service boxes clearly labeled as 
nonpotable water. 

(E) Tank Trucks 

£i} Tank trucks and other equipment used to distribute reclaimed wastewater shall be clearly identified with 

advisory signs. 
(ii) Tank trucks used to transport reclaimed wastewater shall not be used to transport potable water that is used 

for drinking or other potable purposes, 
fiii) Tank trucks used to transport reclaimed wastewater shall not be filled through on-board piping or removable 

hoses that may subsequently be used to fill tanks with water from a potable water su pply. 

(F) Cross-Connection Control 

(i) There shall be no cross-connections between the reclaimed wastewater and potable water systems. 
£iii Where both reclaimed wastewater and potable water are supplied to a reclaimed wastewater use area, a 

reduced pressure principle backflow prevention device or m a pproved air gap separation shall be installed 

at the potable water service connection to the use area. The installation of the reduced pressure principal 

backflow prevention device shall allow proper testing, 
fiii) Where potable water is used to supplement a reclaimed wastewater system, there shall be an air gap 

separation, a pproved and regularly inspected by the potable water su pplier, between the potable water and 

reclaimed wastewater, 
fiv) Reclaimed water shall not enter a dwelling unit or a building containing a dwelling imit except as allowed 

in Part (k)(3')(C) of this Rule. 
(1) Wastewater Flow Rates: 

(1) In determining the volume of sewage from dwelling units, the flow rate shall be 120 gallons per day per 
bedroom. The minimum volume of sewage from each dwelling unit shall be 240 gallons per day and each 
additional bedroom above two bedrooms will increase the volume by 120 gallons per day. Each bedroom or any 
other room or addition that can reasonably be expected to function as a bedroom shall be considered a bedroom 
for design purposes. When the occupancy of a dwelling unit exceeds two persons per bedroom, the volume of 
sewage shall be determined by the maximum occupancy at a rate of 60 gallons per person per day. 

(2) The following table shall be used to determine the minimum allowable design daily flow of wastewater facilities. 
Design flow rates for establishments not identified below shall be determined using available flow data, 
water-using fixtures, occupancy or operation patterns, and other measured data. 

Type of Establishments Daily Flow 

For E>esign 

Airports, also RR Stations, bus terminals. 

(not including food service facilities) 5 gal/passenger 

Barber Shops 50 gal/chair 

Bars, Cocktail Lounges (not including 

food services) 20 gal/seat 

Beauty Shops 125 gal/booth or bowl 

Bowling Alleys 50 gal/lane 

Businesses (other than those 

listed in this table) 25 gal/employee 

Camps 

Construction or work camps 60 gal/person 

Summer camps 60 gal/person 

Camp grounds Without water 

and sewer hookups 100 gal/campsite 

Travel trailer/recreational vehicle park 

with water and sewer hookup 120 gal/campsite 



10:14 NORTH CAROLINA REGISTER October 16, 1995 1333 



PROPOSED RULES 



Churches (not including food service, day care 

and camps) 
Country Clubs - Resident Members 

Nonresident Members 
Day Care Facilities 
Factories (exclusive of industrial 

wastes) — per shift 

Add for showers -- per shift 
Food Service Facilities Restaurants 

(including fast food) 



24-hour Restaurants 

Single-Service (exclusive of fast food) 

Food Stands 

(1) Per 100 square feet of total floor 
space 

(2) Add per employee 
Hospitals 

Laundries (self-service) 
Marinas 

With bathhouse 
Meat Markets 

(1) Per 100 square feet of total floor 
space 

(2) Add per employee 
Motels/Hotel 120 

with cooking facilities in room 

Nursing/Hest Homes — With laundry 

Without laundry 
Offices — per shift 
Residential Care Facilities 

Resort (e.g. condominiums, apartments, motels, hotels) 
Restaurants 



Schools 

Day Schools 

With cafeteria, gym, and showers 
With cafeteria only 
With neither cafeteria nor showers 
Boarding 
Service Stations 

Stadiums, Auditoriums, Theaters, Drive-ins 
Stores, shopping centers and malls — Note: if 

food service is included, add 40 gal/seat 
Swimming Pools and Bathhouses 



3 


gal/seat 


60 


gal/person 


20 


gal/person 


15 


gal/person 


25 


gal/person 


10 


gal/person 


40 


gal/seat or 


40 


gal/ 15 ft^ of 




dining area, 




whichever 




is greater 


50 


gal/seat 


25 


gal/seat 


50 


gal 


25 


gal 


300 


gal/bed 


500 


gal/machine 


10 


gal/boat slip 


30 


gal/boat slip 


50 


gal 


25 


gal 




gal/room 


175 


gal/room 


120 


gal/bed 


60 


gal /bed 


25 


gal/person 


60 


gal/person 


200 


gal/room 


40 


gal/seat or 


40 


gal/ 15 ft' of 




dining area 




(whichever 




is greater) 


15 


gal/student 


12 


gal/student 


10 


gal/student 


60 


gal/person 


250 


gal/water closet 




or urinal 


5 


gal/seat or space 


120 


gal/ 1000 ft- 


10 


gal/person 



(3) An adjusted daily sewage flow may be granted u[>on a showing that a sewage system is adequate to meet actual 
daily water consumption from a facility included in Subparagraph (1) or (2) of this Paragraph. Documented, 
representative data from that facility or a comparable facility shall be submitted, consisting of at least 12 
consecutive monthly total water consumption readings and dally total water consumption readings for at least 30 



1334 



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October 16, 1995 



10:14 



PROPOSED RULES 



consecutive days of water use. The daily readings shall be taken during a projected peak sewage flow month. 
The adjusted design daily sewage flow shall be determined by taking the numerical average of the daily readings 
that fail within the upper 10 percent of the daily readings when ranked in descending order, 
(m) For Treatment and Disposal of Soil Containing Petroleum Products: 

(1) Landfarming of Soils Containing Petroleum Products at Minimum Rates. Petroleum contaminated soils shall 
be incorporated into the native soils of the receiver site immediately upon application. Liming, fertilization, and 
aeration of the soils mixture shall be optional, unless otherwise required by the Division. Subsequent application 
of jjetroleum contaminated soils onto the same receiver site shall not occur for at least 18 months from the date 
of the most recent appUcation of petroleum contaminated soils and shall cause the receiver site to be reclassified 
as a "dedicated remediation site" unless the permittee or applicant can demonstrate, through soil sampling and 
contaminant analytical procedures approved by the Department, that the petroleum contaminant level in the upper 
eight inches of the receiver site soils is below analytical detection levels; 

(2) Landfarming of Soil Containing Petroleum Products at Conventional Rates. Landfarming of soils containing 
petroleum product at an appUcation thickness greater than one inch shall require fertilization, liming, and aeration 
of the native soils and petroleum contaminated soils mixture as approved by the Division. Application thickness 
shall be based upon the nature of the receiver site soils, depth to the seasonal high water table, the intended cover 
crop, and the source of contamination, in accordance with procedures approved by the Division. Opteration of 
the landfarming program shall not result in contravention of classified groundwater or surface water quality 
standards. Subsequent application of petroleum contaminated soils onto the same receiver site shall not occur 
for at least 18 months from the date of the most recent application of petroleum contaminated soils and shall 
cause the receiver site to be reclassified as a "dedicated disposal site" unless the permittee or applicant can 
demonstrate, through soil sampling and contaminant analytical procedures approved by the Department, that the 
petroleum con taminan t level in the upper eight inches of the receiver site soUs is below analytical detection levels; 

(3) Containment and Treatment of Soil Containing Petroleum Products: 

(A) A contaitmient structure designed to bioremediate or volatilize soil containing petroleum products shall be 
constructed of either a synthetic liner of at least 30 mils thickness or of a one foot thick liner of natural 
material, compacted to at least 95 percent standard proctor dry density and with a permeability of less than 1 
X lO'^cm/sec. 

(B) The bottom of the containment structure shall be at least three feet above the seasonal high water table or 
bedrock. 

(C) A leachate collection system must be installed in order to prevent runoff from the petroleum contaminated soils 
within the containment structure, or steps taken to avoid accumulation of stormwater within the containment 
structure. 

(4) Disposal of Petroleum Contaminated Soils at Dedicated Sites. Subsequent applications of petroleum contaminated 
soils at dedicated sites shall not recur until such time as it can be demonstrated, by computer modeling or 
predictive calculations, that additional applications of contaminated soils will not result in the contravention of 
any applicable environmental standards. EHsposal of petroleum contaminated soils at dedicated sites shall conform 
to procedures established by the Division. 

(n) For Systems Utilizing Infiltration Galleries: 

(1) An infiltration gallery shall be designed such that its largest surface dimension is greater than its depth and no 
vertical piping shall be installed within the trench. 

(2) An infiltration gallery shall be designed such that discharges from the infiltration gallery which reach the water 
table must be within the zone of influence of any on-site groundwater recovery system, and must not cause or 
contribute to the migration of contaminants into previously uncontaminated areas. Predictive modeling shall be 
used to estimate the zone of influence, infiltration rate, groimdwater movement and flow direction. 

(o) Additional requirements: 

(1) distance between water supply wells and waste facihties in accordance with Rule 2C .0107(a) of this Chapter or, 
if a greater area may be impacted, a distance in accordance with the perimeter of compliance described in 
Subchapter 2L of this Chapter; 

(2) compliance with the groundwater standards si>ecified in Subchapter 2L of this Chapter; 

(3) where applicable compliance with rules on "coastal waste treatment disposal" foimd in Section .0400 of this 
Subchapter; and 

(4) For subsurface disposal systems, compliance with rules on subsurface disposal systems found in 15A NCAC 18A 
.1900. Copies of these Rules are available from the Division of Environmental Health, P. O. Box 29535, 
Raleigh, North Carolina 27626-0535. 

(p) Alternative Design Criteria may be approved by the Director. This approval will only be given in cases where the 
applicant can demonstrate that the Alternative Design Criteria will provide the following: 



10:14 NORTH CAROLINA REGISTER October 16, 1995 1335 



PROPOSED RULES 



(1) Equal or better treatment of the waste; and 

(2) Equal or better protection of the waters of the state; and 

(3) No increased potential for nuisance conditions. 



Statutory Authority G.S. 143-215.1; 143-215. 3(a)(1). 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - NC Marine Fisheries 
Commission intends to amend rules cited as 15A NCAC 31 
.0001, .0005; 3J .0103 - .0104, .0107. .0202, .0301, 
.0401; 3K .0104 - .0105, .0201 - .0202; 3L .0301 - .0302; 
3M .0202, .0204, .0301, .0501, .0503 - .0504, .0506 - 
.0507, .0510 - .0511; 3R .0003 - .0005, .0007, .0011 and 
adopt rules cited as 15A NCAC 31 .0018; 3J .0402 and 3M 
.0512. 

Temporary: 15A NCAC 3K .0105 was filed as a temporary 
amendment effective Oaober 9, 1995 for a period of 180 
days or until the permanent rule becomes effective, which- 
ever is sooner. 15A NCAC 3M .0503 was filed as a 
temporary amendment effective November 1, 1995 for a 
period of 180 days or until the permanent rule becomes 
effective, whichever is sooner. 

Proposed Effective Date: March 1, 1996. 

Public Hearings will be conducted at 7:00 pm on the 
following dates and locations: 

November 2, 1995 

NC Aquarium - Auditorium 

Airport Road 

Roanoke Island 

Manteo, NC 

November 8, 1995 

University of North Carolina 

Wilmington Cameron Auditorium - 105 

601 S. College Road 

Wilmington, NC 

November 9, 1995 

Duke University Marine Lab Auditorium 

Pivers Island 

Beaufort, NC 

November 13, 1995 

Beaufort Community College 

Hwy 264 

Washington, NC 

November 14, 1995 

NC Zoological Park 

Stedman Education Center 

Asheboro, NC 



Business Session: The Marine Fisheries Commission will 
conduct a Business Session on November 30 - December 1, 
1995, at the Hatteras Civic Center, Hatteras, NC, beginning 
at 9:00 am on the morning of November 30, 1995, to decide 
on these proposed rules. 

Reason for Proposed Action: 

15A NCAC 31 .0001 - DEFINITIONS; to revise the definition 
for aquaculture operations to include activities dealing with 
eels and to include a definition for pound nets. 
I5A NCAC 31 .0005 - LEAVING DEVICES UNATTENDED; 
to clarify when devices are unattended, not in use, and 
therefore in violation. 

15 A NCAC 31 .0018 - DISPOSAL OF EVIDENCE; to 
prohibit the practice of throwing illegal products over when 
an officer is approaching in order to not be cited. 
15A NCAC 3J .0103 - GILL NETS, SEINES, IDENTIFICA- 
TION, RESTRICTION; technical correaion which deletes a 
portion of this rule and includes it in 15A NCAC 3J .0202. 
15A NCAC 3J .0104 - TRAWL NETS; allows trawling in the 
channel and a described area adjacent to the channel at 
Hatteras. 

15 A NCAC 3J .0107 - POUND NETS; establishes a $250 
annual license for each pound net set; further defines 
inspection procedures to assure that sets are being used; and 
allows for requirement of culling panels year-round. 
15A NCAC 3J .0202 - ATLANTIC OCEAN; technical 
amendment to include restriction now in 15A NCAC 3J 
.0103; prohibits use of nets larger than 7" for a specified 
time period; and prohibits use offlynets south of Hatteras. 
15A NCAC 3J .0301 - CRAB, EEL, FISH AND SHRIMP 
POTS; further defines escape rings; restricts hours when 
pots can be fished; and allows pots to be set outside desig- 
nated areas in Pamlico, Pungo, Bay and Neuse Rivers and 
adjacent waters during the months of October, May and the 
first two weeks of June. 

15A NCAC 3J .0401 - FISHING GEAR; extends proclama- 
tion authority to restrict fishing gear to resolve user conflicts 
for an additional year. 

15A NCAC 3J .0402 - FISHING GEAR RESTRICTIONS; 
establishes restrictions for use of fishing gear in areas where 
conflicts have been identified. 

15A NCAC 3K .0104 - PERMFTS FOR PLANTING SHELL- 
FISH FROM POLLUTED AREAS; amends dates for 
relaying polluted oysters to leases. This amendment will be 
required ^15A NCAC 3K .0201 and 3K .0202 is amended. 
15A NCAC 3K .0105 - NON-COMMERCLAL HARVEST OF 
CRABS AND S HF.UF ISH; amendment clarifies General 
Statute changes in license procedure and restrictions. 
15A NCAC 3K .0201 - OPEN SEASON AND POSSESSION 



1336 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



PROPOSED RULES 



LIMIT; extends the allowed oyster season by six weeks; 
allows for reduction in size limit to 2 'A inch in order to 
harvest oysters which would die from disease. 
15A NCAC 3K .0202 - SIZE LIMIT AND CULUNG TOLER- 
ANCE; amendment required by amendment of 15 A NCAC 3K 
.0201. 

15 A NCAC 3L .0301 - SIZE UMIT (LOBSTER); deletes 
proclamation authority and establishes restrictions for 
American (Northern) lobster. 

15A NCAC 3L .0302 - ACnVITIES PROHIBITED (LOB- 
STER); establishes restrictions for spiny lobster. 
15 A NCAC 3M .0202 - SEASON, SIZE AND HARVEST 
LIMIT: INTERNAL COASTAL WATERS (STRIPED BASS); 
establishes size and creel limits for striped bass taken by 
hook-and-line in internal coastal waters. 
15 A NCAC 3M .0204 - SEASON, SIZE AND HARVEST 
UMIT: ATLANTIC OCEAN (STRIPED BASS); establishes 
size and creel limits for striped bass taken by hook-and-line 
in the Atlantic Ocean. 

15 A NCAC 3M .0301 - HARVEST UM FT (MACKEREL); 
establishes size and creel limits for Spanish and king 
mackerel taken by hook-and-line. 

15 A NCAC 3M .0501 - RED DRUM; establishes size and 
creel limits for red drum taken by hook-and-line. 
15 A NCAC 3M .0503 - FLOUNDER; requires license to 
land flounder taken from the Atlantic Ocean; establishes size 
and creel limits for flounder taken by hook-and-line and by 
gig; establishes fishing gear specifications for trawls; sets 
the season for taking flounders by trawls with requirements 
for closure when quota is reached. 

15 A NCAC 3M .0504 - TROUT; establishes size and creel 
limits for spotted seatrout and weakfish. 
15 A NCAC 3M .0506 - SNAPPER-GROUPER; establishes 
size and creel limits for fish in the Snapper-Grouper complex 
taken by hook-and-line. 

15 A NCAC 3M .0507 - HOOK-AND-UNE FISHING 
RESTRICTED; establishes size and creel limits for several 
species offish taken by hook-and-line. 
15 A NCAC 3M .0510 - EELS; establishes permitting 
procedures for taking of undersize eels for aquaculture 
operations. 

15A NCAC 3M .0511 - BLUEFISH; establishes size and 
creel limits for bluefish taken by hook-and-line. 
15 A NCAC 3M .0512 - COMPLIANCE WTTH FISHERY 
MANAGEMENT PLANS; establishes procedures for suspen- 
sion of rules in order to comply with federal fishery manage- 
ment plans. 

15 A NCAC 3R .0003 - PRIMARY NURSERY AREAS; 
technical corrections to described areas. 
15A NCAC 3R .0004 - PERMANENT SECONDARY NURS- 
ERY AREAS; technical corrections to described areas. 
15A NCAC 3R .0005 - SPECIAL SECONDARY NURSERY 
AREAS; technical corrections to described areas. 
ISA NCAC 3R .0007 - DESIGNATED POT AREAS; amends 
described areas to allow pots to be set outside designated 
areas in Pamlico, Pungo, Bay and Neuse Rivers and 
adjacent waters during the months of October, May and the 



first two weeks of June; increases designated pot areas in 
Bogue Sound. 

I5A NCAC 3R .0011 - PURSE SEINES PROHIBFTED; adds 
the Atlantic Ocean beaches off Southern Shores (Dare 
County) to areas where menhaden fishing is restricted. 

Comment Procedures: Comments and statements, both 
written and oral, may be presented at the hearings. Written 
comments are encouraged and may be submitted to the 
Marine Fisheries Commission, PO Box 769, Morehead City, 
NC 28557. These written and oral comments must be 
received no later than 5:00 pm, November 16, 1995. Oral 
presentation lengths may be limited depending on the 
number of people that wish to speak at the public hearing. 

Fiscal Note: 15A NCAC 3J .0107 ejects the expenditure or 
distribution of State funds subject to the Executive Budget 
Act, Article 1 of Chapter 143. The remainder of these rules 
do not c^ect the experuUture or distribution of State or local 
government funds. 

CHAPTER 3 - MARINE FISHERIES 

SUBCHAPTER 31 - GENERAL RULES 

,0001 DEFINmONS 

(a) All definitions set out in G.S. 113, Subchapter IV 
apply to this Chapter. 

(b) The following additional terms are hereby defined: 

(1) Commercial Fishing Equipment. All fishing 
equipment used in coastal fishing waters except: 

(A) Seines less than 12 feet in length; 

(B) Spears; 

(C) A dip net having a handle not more than eight 
feet in length and a hoop or frame to which 
the net is attached not exceeding 60 inches 
along the perimeter; 

(D) Hook-and-line and bait-and-line equipment 
other than multiple-hook or multiple-bait 
trotline; 

(E) A landing net used to assist in taking fish 
when the initial and primary method of taking 
is by the use of hook and line; and 

(F) Cast Nets. 

(2) Fixed or stationary net. A net anchored or 
staked to the bottom, or some structure attached 
to the bottom, at both ends of the net. 

(3) Mesh Length. The diagonal distance from the 
inside of one knot to the outside of the other 
knot, when the net is stretched hand-tight. 

(4) Possess. Any actual or constructive holding 
whether under claim of ownership or not. 

(5) Transport. Ship, carry, or cause to be carried 
or moved by public or private carrier by land, 
sea, or air. 

(6) Use. Employ, set, ojjerate, or permit to be 
operated or employed. 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1337 



PROPOSED RULES 



(7) Purse Gill Nets. Any gill net used to encircle 
fish when the net is closed by the use of a purse 
line through rings located along the top or 
bottom line or elsewhere on such net. 

(8) Gill Net. A net set vertically in the water to 
capture fish by entanglement by the gills in its 
mesh as a result of net design, construction, 
mesh size, webbing diameter or method in 
which it is used. 

(9) Seine. A net set vertically in the water and 
pulled by hand or power to capture fish by 
encirclement and confining fish within itself or 
against another net, the shore or bank as a result 
of net design, construction, mesh size, webbing 
diameter, or method in which it is used. 

(10) Internal Coastal Waters or Internal Waters. All 
coastal fishing waters except the Atlantic Ocean. 

(11) Channel Net. A net used to take shrimp which 
is anchored or attached to the bottom at both 
ends or with one end anchored or attached to the 
bottom and the other end attached to a boat, 

(12) Dredge. A device towed by engine power 
consisting of a frame, tooth bar or smooth bar, 
and catchbag used in the harvest of oysterSj 
clams, crabs, scallops, or conchs. 

(13) Mechanical methods for clamming. Includes, 
but not limited to, dredges, hydraulic clam 
dredges, stick rakes and other rakes when towed 
by engine pKDwer, patent tongs, kicking with 
propellers or deflector plates with or without 
trawls, and any other method that utilizes me- 
chanical means to harvest clams. 

(14) Mechanical methods for oystering. Includes, but 
not limited to, dredges, patent tongs, stick rakes 
and other rakes when towed by engine power 
and any other method that utilizes mechanical 
means to harvest oysters. 

(15) Depuration. Purification or the removal of 
adulteration from live oysters, clams, and mus- 
sels by any natural or artificially controlled 
means. 

(16) Peeler Crab. A blue crab that has a soft shell 
developing under a hard shell and having a 
definite pink, white, or red line or rim on the 
outer edge of the back fin or flipper. 

(17) Length of finfish. Determined by measuring 
along a straight line the distance from the tip of 
the snout with the mouth closed to the tip of the 
compressed caudal (tail) fin. 

(18) Licensee. Any person holding a valid license 
from the Department to take or deal in marine 
fisheries resources. 

(19) Aquaculture operation. An of>eration that pro- 
duces artificially projsagated stocks of marine or 
estuarine resources or obtains such stocks from 
authorized sources for the purpose of rearing in 
a controlled environment. Eel aquaculture 



operations using lawfuUv harvested undersize 
eels shall be included in this definition. A 
controlled environment provides and maintains 
throughout the rearing process one or more of 
the foUowing: predator protection, food, water 
circulation, salinity, or temperature controls 
utilizing proven technology not found in the 
natural environment. 
(20) Critical habitat areas. The fragile estuarine and 
marine areas that support juvenile and adult 
papulations of economically important seafood 
species, as well as forage sp>ecies important in 
the food chain. Critical habitats include nursery 
areas, beds of submerged aquatic vegetation, 
shellfish producing areas, anadromous fish 
spawning and anadromous fish nursery areas, in 
all coastal fishing waters as determined through 
marine and estuarine survey sampling. Critical 
habitats are vital for portions, or the entire life 
cycle, including the early growth and develop- 
ment of important seafood species. 

(A) Beds of submerged aquatic vegetation are those 
habitats in public trust and estuarine waters 
vegetated with one or more species of sub- 
merged vegetation such as eelgrass (Zostera 
marina), shoalgrass (Halodule wrightii) and 
widgeongrass (Ruppia maritima). These 
vegetation beds occur in both subtidal and 
intertidal zones and may occur in isolated 
patches or cover extensive areas. In either 
case, the bed is defined by the presence of 
above-ground leaves or the below-ground 
rhizomes and propagules together with the 
sediment on which the plants grow. In defin- 
ing beds of submerged aquatic vegetation, the 
Marine Fisheries Commission recognizes the 
Aquatic Weed Control Act of 1991 (G.S. 
113A-220 et. seq.) and does not intend the 
submerged aquatic vegetation definition and its 
implementing rules to apply to or conflict with 
the non-development control activities autho- 
rized by that Act. 

(B) Shellfish producing habitats are those areas in 
which economically important shellfish, such 
as, but not limited to clams, oysters, scallops, 
mussels, and whelks, whether historically or 
currently, reproduce and survive because of 
such favorable conditions as bottom type, 
salinity, currents, cover, and cultch. Included 
are those shellfish producing areas closed to 
shellfish harvest due to pollution. 

(C) Anadromous fish spawning areas are defined 
as those areas where evidence of spawning of 
anadromous fish has been documented by 
direct observation of spawning, capture of 
nmning rip>e females, or capture of eggs or 
early larvae. 



1338 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



PROPOSED RULES 



) 



(D) Anadromous fish nursery areas are defined as 
those areas in the riverine and estuarine sys- 
tems utilized by post-larval and later juvenile 
anadromous fish. 

(21) Intertidal Oyster Bed. A formation, regardless 
of size or shape, formed of shell and live oysters 
of varying density. 

(22) North Carolina Trip Ticket. Multiple-part form 
provided by the Department to fish dealers who 
are required to record and report transactions on 
such forms. 

(23) Transaction. Act of doing business such that 
fish are sold, offered for sale, exchanged, 
bartered, distributed or landed. The point of 
landing shall be considered a transaction when 
the fisherman is the fish dealer. 

(24) Live rock. Living marine organisms or an 
assemblage thereof attached to a hard substrate 
including dead coral or rock (excluding mollusk 
shells). For example, such living marine organ- 
isms associated with hard bottoms, banks, reefs, 
and live rock may include, but are not limited 
to: 

(A) Animals: 

(i) Sponges (Phylum Porifera); 
(ii) Hard and Soft Corals, Sea Anemones 
(Phylum Cnidaria): 
(I) Fire corals (Class Hydrozoa); 
(n) Gorgonians, whip corals, sea pansies, 
anemones, Solenastrea (Class 
Anthozoa); 
(iii) Biyozoans (Phylum Biyozoa); 
(iv) Tube Worms (Phylum Annelida): 
(I) Fan worms (Sabellidae); 
(B) Feather duster and Christmas tree 

worms (Serpulidae); 
(m) Sand castle worms (Sabellaridae). 
(v) Mussel banks (Phylum 

Mollusca: Gastropoda) ; 
(vi) Colonial barnacles 

(Arthropoda: Crustacea: Megabalanus sp.). 

(B) Plants: 

(i) Coralline algae (Division Rhodophyta); 
(ii) Acetabularia sp., Udotea sp., Halimeda 

sp., Caulerpa sp. (Division Chlorophyta); 
(iii) Sargassum sp., Dictyopteris sp., Zonaria 

sp. (Division Phaeophyta). 

(25) Coral: 

(A) Fire corals and hydrocorals (Class Hydrozoa); 

(B) Stony corals and black corals (Class Anthozoa, 
Subclass Scleractinia); 

(C) Octocorals; Gorgonian corals (Class Anthozoa, 
Subclass Octocorallia): 

(i) Sea fans (Gorgonia sp.); 
(ii) Sea whips (Leptogorgia sp. and 

Lophogorgia sp.); 
(iii) Sea pansies (Renilla sp.). 



(26) Shellfish production on leases and franchises: 

(A) The culture of oysters, clams, scallops, and 
mussels, on shellfish leases and franchises 
from a subtegal harvest size to a marketable 
size. 

(B) The transplanting (relay) of oysters, clams, 
scallops and mussels from designated areas 
closed due to pollution to shellfish leases and 
franchises in open waters and the natural 
cleansing of those shellfish. 

(27) Shellfish marketing from leases and franchises. 
The harvest of oysters, clams, scallops, mussels, 
from privately held shellfish bottoms and lawful 
sale of those shellfish to the public at large or to 
a licensed shellfish dealer. 

(28) Shellfish planting effort on leases and franchises. 
The process of obtaining authorized cultch 
materials, seed shellfish, and polluted shellfish 
stocks and the placement of those materials on 
privately held shellfish bottoms for increased 
shellfish production. 

(29) Pound Net. A net that consists of a mesh 
lead(s). a heart and a f>ound or pocket with a 
netting floor which is designed to trap, gill or 
enclose fish in a confined area where they can 
be reduced to possession. A "set" shall include 
one or more pound nets with lead(s). heart, 
pound and stakes which are set in such a manner 
as to accommodate such nets. 

Statutory Authority G.S. 113-134; 143B-289.4. 

.0005 LEAVING DEVICES UNATTENDED 

It is unlawfiil to leave stakes, anchors, nets, pots, buoys, 
or floating devices in any coastal fishing waters when such 
devices are not being employed in fishing oporations, 
operations except as otherwise provided by rule or General 
Statute, and none of the doviooo in thio Rul e may be left in 
any wat e ra during a tim e wh e n th e y oould not b e l e gally 
fi s hed in those waters. — Doviooo uood in oonjunction with 
^ko and ohannol not oporationfl which have not boon uood 
in fishing op e mtiono for 12 oonoeoutivo montho shall b e 
d ee m e d abandon e d and ohall bo remov e d by the peroon or 

pof s one fo s ponsiblo for thoir plaoomont. Any fiahi ag 

oquipmoit found sot in oooatol fi s hing watoro in violation of 
this S e ction or whioh oontaino edibl e op e oieo of fish, unfit 
for human oonoumption, may bo r e mov e d and diopoo e d of 
at the disorotion of the Fiahorioo Director. It is unlawful to 
set or have any fishing equipment in coastal fishing waters 
in violation of this Section or which contains edible species 
of fish imfit for human consumption. 

Statutory Authority G.S. 113-134; 113-137; 113-182; 
143B-289.4. 

.0018 DISPOSAL OF EVIDENCE 

It is xmlawful for any person to dispose of fish or parts 



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1339 



PROPOSED RULES 



thereof, or other matter in any manner, after any r.nmmuni- 
cation or signal from an inspector, or after the a pproach of 
an inspector or an enforcement vessel. 

Statutory Authority G.S. 113-134; 113-182; 143B-289.4. 

SUBCHAPTER 3J - NETS, POTS, DREDGES, AND 
OTHER nSHING DEVICES 

SECTION .0100 - NET RULES, GENERAL 

.0103 GILL NETS, SEINES, IDENTIFICATION, 
RESTRICTIONS 

(a) The Fisheries Director may, by proclamation, limit or 
prohibit the use of gill nets or seines in coastal waters, or 
any portion thereof, or impose any or all of the following 
restrictions on the use of gill nets or seines: 

(1) Specify area. 

(2) Specify season. 

(3) Specify gill net mesh length except that the mesh 
length shall not be less than 2 1/2 inches. 

(4) Specify means/methods. 

(5) Specify net number and length. 

(b) It is unlawful to use fixed or stationary gill nets in the 
Atlantic Ocean or any gill nets in internal waters unless such 
nets are marked by attaching to them at each end two 
separate yellow buoys which shall be of solid foam or other 
solid buoyant material no less than five inches in diameter 
and no less than five inches in length. Gill nets which are 
not connected together at the top line shall be considered as 
individual nets, requiring two buoys at the end of each 
individual net. Gill nets connected together at the top line 
shall be considered as a continuous net requiring two buoys 
at each end of the continuous net. Any other marking buoys 
on gill nets shall be yellow except that one additional 
identification buoy of any color or any combination of 
colors may be used at either or both ends. The owner shall 
always be identified on a buoy on each end either by using 
engraved buoys or by attaching engraved metal or plastic 
tags to the buoys. Such identification shall include one of 
the following: 

(1) Owner's N.C. motor boat registration number, 
or 

(2) Owner's U.S. vessel documentation name, or 

(3) Owner's last name and initials. 

(c) It is unlawful to use gill nets: 

(1) Within 200 yards of any pound net with lead and 
poimd or heart in use; 

(2) From March 1 through October 31 in the Intra- 
coastal Waterway within 150 yards of any 
railroad or highway bridge. 

(d) It is unlawful to use gill nets within 100 feet either 
side of the center line of the Intracoastal Waterway Qiannel 
south of Quick Flasher No. 54 in Alligator River at the 
southern entrance to the Intracoastal Waterway to the South 
Carolina line, unless such net is used in accordance with the 
following conditions: 



(1) No more than two gill nets per boat may be used 
at any one time; 

(2) Any net used must be attended by the fisherman 
from a boat who shall at no time be more than 
100 yards from either net; and 

(3) Any individual setting such nets shall remove 
them, when necessary, in sufficient time to 
permit imrestricted boat navigation. 

(e) It is unlawful to use drift gill nets in violation of ISA 
NCAC 3J .0101(2) and Paragraph (d) of this Rule. 

{f) — It io unlawful to uo e unattended gill noto or blook or 
stop nota in the Atlantic Ocean within 300 yofdo of tho 
boaoh ffom Beaufort Inlet to the South Carolina lino from 
ouno e t Friday to otinrio e Monday from Memorial Day 
through Labor Day. 

Statutory Authority G.S. 113-134; 113-182; 113-221; 
143B-289.4. 

.0104 TRAWL NETS 

(a) It is unlawful to use trawl nets for the taking of finfish 
in internal waters, except that it shall be jjermissible to take 
or possess finfish incidental to crab or shrimp trawling in 
accordance with the following limitations: 

(1) It is unlawful to possess aboard a vessel while 
using a trawl in internal waters more than 500 
pounds of finfish from December 1 through 
February 28 and 1,000 pounds of finfish from 
March 1 through November 30. 

(2) The Fisheries Director may, by proclamation, 
close any area to trawling for specific time 
periods in order to secure compliance of this 
Rule. 

(b) It is imlawful to use trawl nets: 



(1) 



(2) 
(3) 
(4) 



(5) 



(A) 



(B) 



In internal coastal waters, between one hour 
after sunset Friday and one hour before simset 
on Sunday; 

For the taking of oysters; 
In Albemarle Sound and its tributaries; 
In the areas described in 15A NCAC 3R .0006^ 
except that trawl nets may be used from May \ 
through August 31 within an area described in 
15A NCAC 3R .0006(2), the area bounded by 
the navigation channel marked and maintained 
by State or Federal agencies, otherwise known 
as Hatteras Channel, running from Flashing Red 
Marlcer 4M "HR" to Green Day Marker "23" to 
Green Flasher No. \_ to the beginning point ; 
From December 1 through February 28 from 
one hour after sunset to one hour before sunrise 
in the following areas: 
In Pungo River north of a line beginning at a 
point on Wades Pomt 35° 23' 17" N - 76° 34' 
30" W; running 060° (M) to a point on 
Currituck Point 35° 24' 35" N - 76° 32' 19" 
W. 
In Pamhco River west of a line beginning at a 



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PROPOSED RULES 



point on the south shore near Fulford Point 
35° 19' 52" N - 76° 35' 56" W; running 026° 
(M) through Flashing Red Marker "1" to a 
point on Wades Point 35° 23' 17" N - 76° 34' 
30" W. 

(C) In Bay River west of a line beginning at a 
point on Maw Point 35° 09' 02" N - 76° 32' 
10" W; running 021° (M) through Flashing 
Green Marker "1" to a ]x>int on Bay Point 35° 
11' 01" N -76° 31' 35" W. 

(D) In Neuse River west of a line beginning at a 
point off Cherry Point 34° 56' 17" N - 76° 
48' 37" W; running 020° (M) through Flash- 
ing Red Marker "9" to a point off Wilkinson 
Point 34° 57' 58" N - 76° 48' 22" W. 

(E) In New River all waters upstream of the N.C. 
Highway 172 Bridge. 

(c) Minimum mesh sizes for shrimp and crab trawls are 
presented in 15A NCAC 3L .0103 and .0202. 

(d) The Fisheries Director may, with prior consent of the 
Marine Fisheries Commission, by proclamation, require 
fmfish excluder devices or codend modifications in trawl 
nets to reduce the catch of finfish that do not meet size 
limits or are unmarketable as individual foodfish by reason 
of size. 



Statutory Authority G.S. 
143B-289.4. 



113-134; 113-182; 113-221; 



.0107 POUND NETS 

(a) It is unlawful to use pound or fyke nets in internal 
coastal fishing waters without the owner's identification 
being clearly printed on a sign no less than six inches 
square, securely attached on an outside comer stake of each 
such net. Such identification must include one of the 
following: 

(1) For pound nets, the poimd net peimt gear 
license number and the owner's last name and 
initials. 

(2) For fyke nets, the owner's N.C. motorboat (2) 
registration number or the owner's last name 
and initials. 

Any pound or fyke net or any part thereof found set in 
internal coastal fishing waters without proper identification 
will be in violation and may be removed and disposed of in 
accordance with law. 

(b) It is unlawful to set pound nets, or any part thereof 
except location identification stakes at each end of proposed 
new locations without first obtaining a Pound Net Pormit 
License from the Fisheries Director. 

(1) For proposed new locations, the Fisheries 

Director shall issue a public notice of intent to (3) 

consider issuance of a Pound Net Permit Li- 
cense , and may hold public meetings to take 
comments on the proposed pound net set. The £4} 

Fisheries Director shall approve or deny the 
poi ' mit license within 60 days of application. 



The Fisheries Director may deny the pcmiit 
license application if it is determined that grant- 
ing the permit license will be inconsistent with 
one or more of the following permitting licens- 
ing criteria: 

(A) The application is in the name of an individ- 
ual. 

(B) The proposed pound net set, either alone or 
when considered cumulatively with other 
existing pound net sets in the area, will not 
unduly interfere with public navigation. 

(C) The proposed ]x>und net set, either alone or 
when considered cumulatively with other 
existing pound net sets in the area, will not 
unduly interfere with existing, traditional uses 
of the area other than navigation. 

(D) The profKJsed pound net set will not interfere 
with the rights of any riparian or littoral land- 
owner, including the construction or use of 
piers. 

(E) The proposed pound net set will not, by its 
proximate location, unduly interfere with 
existing pound net sets in the area. 

(F) The applicant has in the past complied with 
fisheries laws related to jwund nets. 

(G) The proposed pound net set is in the public 
interest. 

Approval may be conditional based u(>on the 
apphcant's continuing compliance with specific 
conditions contained in the Pound Net Pefmit 
License that would ensure that the operation of 
the pK)und net is consistent with the criteria for 
permit license denial set out in Parts (A) through 
(G) of this Subparagraph. The Fisheries Direc- 
tor's final decision to approve or deny the Pound 
Net Permit License appUcation may be appealed 
by filing a petition for a contested case hearing, 
in writing, within 60 days notice of such action, 
with the Office of Administrative Hearings. 
An application for renewal of an existing Pound 
Net Permit License shall be filed not less than 
10 days prior to the date of expiration of the 
existing permit license, and will not be pro- 
cessed unless filed by the prior pormittoo - li; 
censee . When a written objection to a renewal 
has been received during the term of the existing 
p e rmit license, the Fisheries Director shall 
review the renewal application under the criteria 
for issuance of a new Pound Net Permit Li- 
cense , and may decline to renew the p e rmit 
license accordingly. 

A Pound Net Permit License, whether a new or 
renewal permit license, shall expire 365 days 
from the date of issuance. 
TTie annual fee for Pound Net Licenses is two 
hundred fifty dollars ($250.00). This fee applies 
to new and renewal licenses. 



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1341 



PROPOSED RULES 



(c) It is unlawful to abandon an existing pound net set 
without completely removing from the public bottom or 
coastal waters all stakes and associated structures, gear and 
equipment within 30 days, or to fail within 30 days to 
completely remove from the public bottom or coastal waters 
all stakes and other structures, gear and equipment associ- 
ated with any pound net set for which a p e rmit license is 
revoked or denied. For purjwses of this subsection, the 
term "abandonment" shall include the failure of a pormittoo 
licensee to ensure that the pound net set has been fully 
ojjerational within 365 days of the issuance of a Pound Net 
Permit License . The pound nets shall be inspected during 
the peak of their respective fishing seasons in order to 
determine if they are fully operational. Consideration will 
be given for unusually severe weather conditions which 
prevent the nets from being fully operational during the 
inspection period. Herring pounds will be inspected two 
weeks prior to or after April \^ sciaenid pounds two weeks 
prior to or after July 15. flounder pounds two weeks prior 
to or after October 15, bait pounds two weeks prior to or 
after April 15, and shrimp pounds two weeks prior to or 
after June 15. A violation under this subsection shall be 
grounds for the Fisheries Director to revoke any other 
Pound Net Pormita Dcenses held by the violator and for 
denial of any future pound net set proposed by the offender. 

(d) It is unlawful to transfer ownership of a p>ound net 
without notification to the Division of Marine Fisheries 
within 30 days of the date of the transfer. Such notification 
shall be made by the new owner in writing and shall be 
accompanied by a copy of the previous owner's p e rmit 
Ucense and an application for a {xmnd n e t Pound Net p e rmit 
License In the new owner's name. Failure to do so shall 
result in revocation of the pwund net fwrmit gear license . 

(e) Every pwund net set shall have a marked navigational 
opening of at least 25 feet in width at the end of every third 
pound. Such opening shall be marked with yellow light 
reflective tape or devices on each side of the opening. The 
hght reflective tape or devices shall be affixed to a stake of 
at least three inches in diameter, shall cover a vertical 
distance of not less than 12 inches, and shall be visible from 
all directions by a vessel approaching the pound net set. In 
addition, eveiy pound net in internal coastal fishing waters 
shall have yellow light reflective tape or devices on each 
pound. The light reflective tape or devices shall be affixed 
to a stake of at least three inches in diameter on the offshore 
end of each pwund, shall cover a vertical distance of not less 
than 12 inches, and shall be visible from all directions by a 
vessel approaching the jwund net set. If a pormittcx> 
licensee notified of a violation under this subsection fails or 
refuses to take corrective action sufficient to remedy the 
violation within 15 days of receiving notice of the violation, 
the Fisheries Director shall revoke the permit license . 

(f) In Core Sound, it is unlawful to use pound nets in the 
following areas except that only those persons holding a 
valid pound n e t Pound Net p e rmit License within the 
sf)ecified area as of March 1, 1994, may renew their 
pormita licenses subject to the requirements of this Rule: 



(1) That area bounded by a line begiiming at Green 
Day Marker #3 near Hog Island Point running 
124° (M) to Green Flasher #13; thence 026° 
(M) to Green Flasher #11; thence 294° (M) to 
a point on shore north of Great Ditch 34° 58' 
54" N - 76° 15' 06" W; thence following the 
shoreline to Hog Island Point 34° 58' 27" N - 
76° 15' 49" W; thence 231° (M) back to Green 
Day Marker #3. 

(2) TTiat area bounded by a line beginning at Green 
Day Marker #3 near Hog Island Point running 
218° (M) to Cedar Island Point 34° 57' 33" N 
- 76° 16' 34" W; thence 156° (M) to Red 
Flasher #18; thence 011° (M) to Red Flasher 
#2; thence 302° (M) back to Green Marker #3. 

(3) That area bounded by a line beginning on Long 
Point 34° 56' 52" N - 76° 16' 42" W; thence 
running 105° (M) to Red Marker #18; thence 
running 220° (M) to Green Marker #19; thence 
following the six foot contour past the Wreck 
Beacon to a point at 34° 53' 45" N - 76° 18' 
11" W; thence 227° (M) to Red Marker #26; 
thence 229° (M) to Green Marker #27; thence 
271° (M) to Red Flasher #28; thence 225° (M) 
to Green Flasher #29; thence 256° (M) to Green 
Flasher #31; thence 221° (M) to Green Flasher 
#35; thence 216° (M) to Green Flasher #37; 
thence 291° (M) to Bells Point 34° 43' 42" N - 
76° 29' 59" W; thence north following the 
shoreline of Core Sound across the mouth of 
Jarrett Bay, Oyster Creek, Fulcher Creek, Willis 
Creek, Nelson Bay, Styron Bay, East Thorofare 
Bay and Rumley Bay, back to Long Point. 

(g) In Pamlico Sound, it is unlawful to set a ix>und net, 
pwund net stakes, or any other related equipment without 
radar reflective metallic material and yellow light reflective 
tape or devices on each end of the pound net set. The radar 
reflective material and the light reflective taf)e or devices 
must be affixed to a stake of at least three inches in diame- 
ter, must cover a vertical distance of not less than 12 
inches, and must be detectable by radar and light from a 
vessel when approached from all directions, light reflective 
tape or devices may be affixed to the radar reflective 
material. 

(h) The Fisheries Director may, by proclamation, 
bot^ i voon Auguot 1 and Januar)' 3 1 , require escape panels in 
pound nets and may impose any or all of the following 
restrictions on the use of escape panels: 

(1) Specify size, number, and location. 

(2) Specify mesh length, but not more than six 
inches. 

(3) Specify time and/or or season. 

(4) Sjjecify areas. 

Statutory Authority G.S. 113-134; 113-152; 113-182; 
113-221; 143B-289.4. 



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PROPOSED RULES 



SECTION .0200 - NET RULES, SPECIFIC AREAS 



.0202 
In the 

(1) 



(2) 



(3) 



£41 

£A} 
ill 
£C1 
151 

{61 



ATLANTIC OCEAN 

Atlantic Ocean: 

It is unlawful to use nets from June 15 through 
August 15 in the waters of Masonboro Inlet or in 
the ocean within 300 yards of the beach between 
Masonboro Inlet and a line running 138° through 
the water tank on the northern end of Wrightsville 
Beach, a distance parallel with the beach of 4,400 
yards. 

It is unlawful to use trawls within one-half mile of 
the beach between the Virginia line and Oregon 
Inlet. 

It is unlawful to use a trawl with a mesh length 
less than four inches in the main body, three 
inches in the extension, and one and three-fourths 
inches in the cod end or tail bag inshore of a line 
beginning at a point 34° 41' 18" N - 76° 40' 08" 
W on the western side of Beaufort Inlet Channel 
(the present location of buoy "11" QK Fl); thence 
westward parallel to and one-half mile from the 
ocean back to a point 34° 40' 32" N - 76° 53' 
45" W off Salter Path. 

It is unlawful to use trawl nets, including flvnets. 
southwest of the 9960-Y chain 40250 LORAN C 
line (running offshore in a southeasterly direction) 
from Cape Hatteras to Ae North Carolina/ South 
Carolina line except: 

Shrimp trawls as defined in 15A NCAC 3L 

.0103: 

Crab trawls as defined in 15A NCAC 3L .0202: 

or 

Flounder trawls as defined in 15A NCAC 3M 

.0503. 
It is unlawful to use unattended gill nets or block 
or stop nets in the Atlantic Ocean within 300 
yards of the beach from Beaufort Inlet to the 
South Carolina line from sunset Friday to sunrise 
Monday from Memorial Day through Labor Day. 
It is unlawfiil to use gll nets in the Atlantic Ocean 
with a mesh length greater than 2 inches from 
April I through December 15. 



Statutory Authority G.S. 113-134; 113-182; 143B-289.4. 

SECTION .0300 - POTS, DREDGES, AND OTHER 
FISHING DEVICES 

.0301 CRAB, EEL, FISH, AND SHRIMP POTS 

(a) It is unlawful to use pots except during time periods 
and in areas specified herein: 

(1) From Noyember 1 through April 30 south and 
east of Rattan Point (Neuse Rjyer) and north and 
east of Willow Point (Rose Bay) and from 
October \ through June 14. north of Rattan 
Point to Willow Point, except that all pots petsr 



except fish pota upstroom of U.S. 17 Bridg e 
aorooo Chowan Riv e r and upstream of a lin e 
aorooo th e mouth of Roanok e , Caohie, Middle 
and Ettstmoet Rivoro to the Highwoy 25 8 Bridge, 
shall be remoyed from internal waters from 
January 24 through February 7. The Fisheries 
Director may, by proclamation, reopen various 
waters to the use of pots after January 28 if it is 
determined that such waters are free of pots. 
Fish p ots upstream of the U.S. 17 Bridge across 
Chowan River and upstream of a line across the 
mouth of Roanoke. Cashie. Middle and Eastmost 
Rivers to Ae Highway 258 Bridge do not have 
to be removed from internal waters January 24 
through February 7^ 

(2) From May 1 through October 3 1 , north and east 
of the Highway 58 Bridge at Emerald Isle to 
Rattan Point at the mouth of Neuse River and 
north and east of Willow Point near Rose Bay : 

(A) hi areas described in 15A NCAC 3R .0007(a); 

(B) To allow for the variable spatial distribution of 
Crustacea and finfish, the Fisheries Director 
may, by proclamation, specify time periods for 
or designate the areas described in 15A NCAC 
3R .0007(b) or any part thereof, for the use of 
pots. 

(3) From June 15 through September 30. north of 
Rattan Point at the mouth of Neuse River to 
Willow Point near Rose Bay: 

(A) In areas described in 15A NCAC 3R .0007(c): 

(B) To allow for the variable spatial distribution of 
Crustacea and finfish. the Fisheries Director 
may, by proclamation, specify time periods for 
or designate the areas described in 15A NCAC 
3R ■0007(d) or any part thereof, for the use of 
pots. 

(4) (^ From May 1 through October 31 in the 
Atlantic Ocean and west and south of the High- 
way 58 Bridge at Emerald Isle in areas and 
during time periods designated by the Fisheries 
Director by proclamation. 

(b) It is unlawful to use pots in any navigation channel 
maintained and marked by State or Federal agencies. 

(c) It is unlawful to use pots unless each f>ot is marked by 
attaching a floating buoy which shall be of solid foam or 
other solid buoyant material and no less than five inches in 
diameter and no less than five inches in length. Buoys may 
be of any color except yellow. The owner shall always be 
identified on the attached buoy by using engraved buoys or 
by engraved metal or plastic tags attached to the buoy. 
Such identification shall include one of the following: 

(1) owner's N.C. motorboat registration number; or 

(2) owner's U.S. vessel documentation name; or 

(3) owner's last name and initials. 

(d) Pots attached to shore or a pier shall be exempt from 
(a)(2), (a)(3), and (c) of this Rule. 

(e) It is unlawful to use shrimp pots with mesh lengths 



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1343 



PROPOSED RULES 



smaller than one and one-fourth inches stretch or five-eights 
inch bar. 

(f) It is unlawful to use eel pots with mesh sizes smaller 
than one inch by one-half inch unless such pots contain an 
escape panel that is at least four inches square with a mesh 
size of 1" X 1/2" located in the outside panel of the upper 
chamber of rectangular p>ots and in the rear portion of 
cylindrical pots, except that not more than two eel pots per 
fishing op>eration with a mesh of any size may be used to 
take eels for bait. 

(g) It is unlawful to use crab pots in coastal waters unless 
each pwt contains no less than two unobstructed escape rings 
that are at least 2 5/16 inches inside diameter and located in 
the oppxasite outside f>anels of the upper chamber of the f>ot. 
Peeler pots with a mesh size less than 1 1 /2 inches shall be 
exempt from the escajje ring requirement. The Fisheries 
Director may, by proclamation, exempt the escape ring 
requirement in order to allow the harvest of peeler crabs or 
mature female crabs and may impose any or all of the 
following restrictions: 

(1) Specify areas, and 

(2) Sp>ecify time. 

(h) It is unlawftjj to use more than 150 pots per vessel in 
Newport River. 

(i) It is unlawful to remove crab pots from the water or 
remove crabs from crab pots between one hour after sunset 
and one hour before sunrise . Any poto found in violation of 
this Rule of 15 A NCAC 3 J .0302 may bo removed by 
marine fi9horioe onforcomont ofFicora and dispoood of in 
aooordano e with G.S. 113 137. 

Statutory Authority G.S. 113-134; 113-182; 113-221; 
143B-289.4. 

SECTION .0400 - nSHING GEAR 

.0401 nSHING GEAR 

(a) The Fisheries Director in order to address issues 
involving user conflicts may, by proclamation, close the 
areas described in Paragraph (b) of this Rule to the use of 
specific fishing gear. 

(b) It is unlawful to use fishing gear as specified by 
proclamation at the time and dates specified in the proclama- 
tion between the Friday before Easter through December 3 1 
in the following areas when such areas have been closed by 
proclamation: 

(1) All or part of the Atlantic Ocean, up to one-half 
mile from the beach; 

(2) Up to one-half mile in all directions of Oregon 
Inlet; 

(3) Up to one-half mile in all directions of Hatteras 
Inlet; 

(4) Up to one-half mile in all directions of Ocracoke 
Inlet; 

(5) Up to one-half mile of the Cape Lookout Rock 
Jetty; 

(6) Up to one-half mile in all directions of fishing 



piers o{>en to the public; 

(7) Up to one-half mile in all directions of State 
Parks; 

(8) Up to one-half mile of marinas as defined by the 
Coastal Resources Commission. 

(c) The Fisheries Director shall specify in the proclama- 
tion the boundaries of the closure through the use of maps, 
legal descriptions, prominent landmarks or other permanent 
type markers. 

(d) The Fisheries Director shall hold a public meeting in 
the affected area before issuance of proclamations authorized 
by this Rule. 

(e) This Rule will be in effect until July 1, 4996 1997 . 

Statutory Authority G.S. 113-133; 113-134; 113-182; 
113-221; 143B-289.4. 

.0402 nSHING GEAR RESTRICTIONS 

(a) It is unlawful to use commercial fishing gear in the 
following areas during dates and times specified for the 
identified areas: 

(1) Atlantic Ocean ; Dare County: 

(A) Nags Head: 

(ii Seines and gill nets may not be used from 
the North Town Limit of Nags Head at 
Eight Street southward to Gulf Street: 
(I) From Wednesday through Saturday of 
the week of the Nags Head Surf Fish- 
ing Tournament held during October of 
each year the week prior to Columbus 
Day. 
(II) From November \ through December 
15, 
fii) Commercial fishing gear may not be used 
within 750 feet of licensed fishing piers 
when open to the public. 

(B) Oregon Inlet. Seines and gill nets may not be 
used from the Friday before Easter through 
December 31: 

£i} Within one-quarter mile of the beach from 

the National Park Service Ramp #4 (35° 

48:i5:N;75I32:42:Wion Bodie 

Island to the northern terminus of the 

Bonner Bridge (35° 46' 30" N - 75° 32' 

22" W) on Hwy. 12 over Oregon Inlet. 

(ii) Within the area known locally as "The 

Pond " . a body of water generally located 

to the northeast of the northern terminus of 

the Bonner Bridge. 

(O Cape Hatteras (Cape Point). Seines and gill 

nets may not be used within one-half mile of 

Cape Point from the Friday before Easter 

through December 31. The closed area is 

defined by a circle with a one-half mile radius 

having the center at Cape Point (35° 12' 54" 

N ; 751 IT 43^ Wi. The closed area begins 

one-half mile north of Cape Point at a point on 



1344 



NORTH CAROUNA REGISTER 



October 16, 1995 



10:14 



PROPOSED RULES 



the beach (35° 13' 26" N - 75° 31' 39" W) 
and extends in a clockwise direction, one-half 
mile from Cape Point, to a point on Ae beach 
(35° 13' 23" N - 75° 31' 59" W^ northwest of 
Cape Point. 

(2) Atlantic Ocean - Onslow and Pender Counties. 
Commercial fishing gear may not be used during 
the time specified for the following areas: 

£Ai Topsail Beach. From January i through 
December 31. that area around Jolly Rodger 
Fishing Pier bordered on the offshore side by 
a Une 750 feet from the end of the pier and on 
the northeast and southwest by a line beginning 
at a point on the beach one-quarter mile from 
the pier extending seaward to intersect the 
offshore boundary. 
(B) Surf City: 

(i} From January i to June 30. those areas 
around the Surf City and Barnacle Bill's 
Fishing Piers bordered on the offshore 
side by a line 750 feet from the ends of 
the piers, on the southwest by a line begin- 
ning at a fwint on the beach one-quarter 
mile from the piers and one the northeast 
by a line beginning at a point on the beach 
750 feet from the piers extending seaward 
to intersect the offshore boundaries, 
(ii) From July 1 to December 3 1 . those areas 
around the piers bordered on the offshore 
side by a line 750 feet from the ends of 
the piers, on 4e southwest by a line begin- 
ning at a jxaint on the beach 750 feet from 
the piers and on the northeast by a line 
beginning at a point on the beach one- 
quarter mile from the piers extending 
seaward to intersect the offshore bound- 
aries. 

(3) Atlantic Ocean - New Hanover County. Caro- 
lina Beach Inlet through Kure Beach. Commer- 



£A1 



ffii 



cial fishing gear may not be used during the 
times specified for the following areas: 
From the Friday before Easter to November 
30. within the zones adjacent to the Carolina 
Beach. Center and Kure Beach Fishing Piers 
bordered on the offshore side by a line 750 
feet from the ends of the piers and on the 
north and south by a line beginning at a point 
on the beach one-quarter mile from the pier 
extending seaward to intersect the offshore 
boundary, except the southern boundary for 
Kure Beach Pier is a line beginning on the 
beach one mile south of the pier to the off- 
shore boundary for the pier. 
From May 1 to November 30. within 900 feet 
of the beach, from Carolina Beach Inlet to the 
southern end of Kure Beach with the following 
exceptions: 



(i) From one-quarter mile north of Clarolina 
Beach Fishing pier to Carolina Beach Inlet 
from October I to November 30: 
(T) Strike nets may be used within 900 feet 

of the beach: 
(ID Attended nets may be used between 
900 feet and one-quarter mile of the 
beach, 
(ii) Strike nets and attended gill nets may be 
used within 900 feet of the beach from 
October I to November 30 in other areas 
except those described in Part (a)(3)(A) 
and Subpart (a)(3')(B)(i) of this Rule. 
(iii) It is unlawful to use commercial fishing 
gear within 900 feet of the beach from 
Carolina Beach Inlet to New Inlet from 
October 15 through October 17. 
(b) It is unlawful to use gill nets or seines in Ae follow- 
ing areas during dates and times specified for the identified 
areas: 

(1) Neuse River and South River. Carteret County. 
No more than 1.200 feet of gill net(s') having a 
stretched mesh of five Inches or larger may be 
used: 

(A) Within one-half mile of the shore from Win- 
throp Point at Adams Creek to Channel 
Marker "2" at the mouth of Tumagain Bay. 

(B) Within South River. 

(2) Cap>e Lookout. Carteret County: 

(A) Gill nets or seines may not be used in the 
Atlantic Ocean within 3(X) feet of the Rock 
Jetty (at Cape Lookout between Power Squad- 
ron Spit and Cape Point). 

CB) Seines may not be used within one-half mile of 
the shore from Power Squadron Spit south to 
Cape Point and northward to Cape Lookout 
Lighthouse including the area inside the 
"hook" south of a line from the COLREGS 
Demarcation Line across Bardens Inlet to the 
eastern end of Shackleford Banks and then to 
the northern tip of Power Squadron Spit from 
12:01 A.M. Saturdays until 12:01 A.M. Mon- 
days from May J_ through November 30. 

(3) State Parks/Recreation Areas: 

(A) Gill nets or seines may not be used in the 
Atlantic Ocean within one-quarter mile of the 
shore at Fort Macon State Park. Carteret 
County. 

(B) Gill nets or seines may not be used in the 
Atlantic Ocean within one-quarter mile of the 
shore at Hammocks Beach State Park. Onslow 
County, from May I through October l_^ 
except strike nets and attended giU nets may be 
used beginning August 15. 

(C) Gill nets or seines may not be used within the 
boat basin and marked entrance channel at 
Carolina Beach State Park. New Hanover 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1345 



PROPOSED RULES 



County. 
(D) Gill nets and seines may not be used within 
900 feet of the beach at Fort Fisher State 
Recreation Area. New Hanover County and at 
Baldhead Island State Natural Area. Bninswick 
County from May 1 through November 30 
except strike nets and attended gill nets may be 
used beginning October J^ 

(4) Mooring Facilities/Marinas. Gill nets or seines 
may not be used from May 1 through November 
30 within: 

(A) One-quarter mile of the shore from the east 
boundary fence to the west boundary fence at 
U.S. Coast Guard Base Fort Macon at Beau- 
fort Inlet. Carteret County: 

(B) Canals within Pine Knoll Shores. Carteret 
County; 

(C) Spooners Creek on Bogue Sound. Carteret 
County; and 

(D) Harbor Village Marina on Topsail Sound. 
Pender County. 

(5) Masonboro Inlet. Gill nets and seines may not 
be used: 



(A) Within 300 feet of either rock jetty; and 

(B) Within the area beginning 300 feet from the 
offshore end of the jetties to the Intracoastal 
Waterway including all the waters of the inlet 
proper and all the waters of Shinn Creek. 

(6) Atlantic Ocean Fishing Piers. At a minimum, 
gill nets and seines may not be used within 300 
feet of ocean fishing piers when open to the 
public. If a larger closed area has been delin- 
eated by the placement of buoys or beach mark- 
ers as authorized by G.S. in-lSSfa). it is 
unlawful to fish from vessels or with nets within 
the larger marked zone. 

(7) Topsail Beach, Pender County. It is unlawful to 
use gill nets and seines from 4:00 P.M. Friday 
until 6:00 A.M. the following Monday in the 
three finger canals on the south end of Topsail 
Beach. 

(81 Atlantic Ocean - Cape Fear River to the South 
Carolina State Line, Brunswick County: 

(A) It is unlawful to use gill nets from the beach 
from Memorial Day through Labor Day. 

£B1 It is unlawful to use unattended nets set from 
the beach from the Tuesday after Labor Day 
until Memorial Day. All equipment including 
but not limited to ropes, anchors and buoys 
associated with any net set from the beach 
must be removed immediately when the net is 
not employed in a fishing operation. On 
Holden Beach, nets set from the beach may be 
exempt from this section if a permit is ob- 
tained from the Division of Marine Fisheries. 

(C) It is unlawful to use unattended nets set from 
a boat within 900 feet of the beach from 



Memorial Day through Labor Day. 

Statutory Authority G.S. 113-133; 113-134; 113-182; 
113-221; 143B-289.4. 

SUBCHAPTER 3K - OYSTERS, CLAMS, 
SCALLOPS AND MUSSELS 

SECTION .0100 - SHELLnSH, GENERAL 

.0104 PERMITS FOR PLANTING SHELLFISH 
FROM POLLUTED AREAS 

(a) It is unlawful to take oysters or clams from polluted 
public waters for planting on private bottoms except: 

(1) As authorized by G.S. 113-203, provided such 
person shall first obtain a pjermit from the 
Fisheries Director setting forth the time, area, 
and method by which such shellfish may be 
taken. 

(2) Between April 1 through May 15 for clams and 
for a six week period beginning at the statewide 
closure of oyster season . 

(b) The Fisheries Director, acting upon recommendations 
of the Division of Environmental Health, shall close and 
reopen by proclamation any private shellfish beds for which 
the owner has obtained a f)ermit to relay oysters and clams 
from p>olluted public waters. 

Statutory Authority G.S. 113-134; 113-182; 113-203; 
113-221; 143B-289.4. 

.0105 NON-COMMERCIAL HARVEST OF CRABS 
AND SHELLFISH 

(a) It is unlawftj for individuals claiming exemption from 
the sh e llfioh and crab license required by G.S. 113-153-1 or 
the shellfish license required by G.S. 1 13-154, by reason of 
non-commercial horveat use, to take more than: 

(1) One bushel of oysters per person per day, not to 
exceed two bushels per vessel jser day; 

(2) One hundred clams per jserson per day, not to 
exceed two hundred clams per vessel pwr day; 

(3) One-half bushel of scallops per person per day, 
not to exceed one bushel p>er vessel per day; 

(4) Fifty blue crabs jjer jjerson per day not to ex- 
ceed one hundred blue crabs per vessel per day; 

(5) Ten conchs f>er jserson per day not to exceed 
twenty conchs per vessel per day; 

(6) One hundred mussels per person per day not to 
exceed two hundred mussels per vessel per day. 

(b) It is unlawful to take crabs or shellfish and orabo by 
mechanical means without having first procured an individ- 
ual crab license or shellfish and crab license and a vessel 
license. A vessel license, as required by G.S. 113-152 for 
the use of other commercial fishing equipment as defined in 
15A NCAC 31 .0001(b)(1) is not required for the 
non-commercial harvest of shellfish in accordance with 
limits in Paragraph (a) of this Rule. 



1346 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



PROPOSED RULES 



(c) It is unlawful to take oysters aad or clams on Sundays 
and scallops on Saturdays and Sundays except: 

(1) during open seasons, and 

(2) in accordance with limits outlined in Paragraph 
(a) of this Rule with or without license. 

(d) Unlicensed individuals taking crabs pursuant to G.S. 
113-153. 1(d) or taking shellfish pursuant to G.S. 113-154 
(cl) shall be exempt from the limits established in Para- 
graphs (a) and (b) of this Rule. 

Statutory Authority G.S. 113-134; 113-152; 113-154; 
113-182; 143B-289.4. 

SECTION .0200 - OYSTERS 

.0201 OPEN SEASON AND POSSESSION LDVnT 

It is unlawful to take, buy, sell, or possess any oysters 
from public bottoms except during the open season which 
bogino Octob e r 15 for hand horv e ot, and Novomber 1 for 
moohanioal mothodo and may extend through Maroh 31. 
from October 15 through May 15. During any open season 
that may be allowed within the time periods stated herein, 
the Fisheries Director may, by proclamation, close and open 
the season or close and open any of the various waters to 
the taking of oysters depending on the need to protect small 
oysters and their habitat, the amount of saleable oysters 
available for harvest, the number of days harvest is pre- 
vented due to unsatisfactory bacteriological samples and 
weather conditions, and the need to prevent loss of oysters 
due to parasitic infections and thereby reduce the transmis- 
sion of parasites to uninfected oysters or other variable 
conditions and may impose any or all of the following 
restrictions^ 

(1) Sp)ecifv numb e r of days: days of the week harvest- 
ing will be allowed: 

(2) Specify areas; 

(3) Specify means and methods which may be em- 
ployed in the taking; 

(4) Specify time period; afi4 

(5) Specify the quantity, but shall not exceed prosses- 
sion of more than 50 bushels aboard a vooboI. 
vessel: and 

(6) Specify the minimum size limit by shell length. 
but not less than 2 1/2 inches. 



quantity being graded, and in cases of violations, may 
require seizure and return to public bottom or other disposi- 
tion as authorized by law. 

(b) All oysters shall be culled by the catcher where 
harvested and all oysters of less than legal size, accumulated 
dead shell and cultch material, shall be immediately returned 
to the bottom from which taken. 

(c) This Rule shall not apply to oysters imported from 
out-of-state solely for shucking at shucking houses which are 
currently certified for shucking and packing by the Division 
of Environmental Health and which hold a valid 
shucker-packer license. 

Statutory Authority G.S. 113-134; 113-182; 143B-289.4. 

SUBCHAPTER 3L - SHRIMP, CRABS, AND 
LOBSTER 

SECTION .0300 - LOBSTER 

.0301 AMERICAN LOBSTER (NORTHERN 
LOBSTER) 

It is unlawful to possess northern lobster with a carapace 
length less than the minimum specified by proclamation. 
The Fisheries Director may, by proclamation, specify the 
minimum carap>ace length for northern lobster recommended 
by the Atlantic States Marine Fisheries Commission as the 
result of a duly adopted Interstate Fisheries Management 
Plan, or adopted as a federal rule by the National Marine 
Fisheries Service as the result of a duly adopted Regional 
Fishery Management Plan prepared by the Fishery Manage- 
ment Councils. 

(1) It is unlawful to possess: 

(a) American lobsters with a carapace less than 3 
1/4 inches; or 

(b) egg bearing American lobsters or American 
lobsters from which eggs have been stri pped, 
scrubbed or removed. 

(2") American lobster traps must have escape vents and 
panels as described in 50 CFR 649.21 (d) with the 
opening no smaller than the entrance funnel. 

Statutory Authority G.S. 113-134; 113-182; 113-221; 
143B-289.4. 



Statutory Authority G.S. 113-134; 113-182; 113-201; 
113-221; 143B-289.4. 

.0202 SIZE LIMIT AND CULLING TOLERANCE 

(a) It is unlawful to jxjssess oysters which have accumu- 
lated dead shell, accumulated oyster cultch material, a shell 
length ef less than throo inohos that specified by proclama- 
tion , or any combination thereof that exceeds a 10 percent 
tolerance limit by volume. In determining whether the 
tolerance limit is exceeded, the Fisheries Director and his 
agents are authorized and empowered to grade all, or any 
portion, or any combination of portions of the entire 



.0302 SPINY LOBSTER 

It is unlawful to: 

(4^ Po3SOQ9 ogg boaring lobster or lobster from which 
th e e gga havo boon Bcrubbod; 

(3) Land or pooo e oo aboard a veooel ohuok e d north e rn 
loboter meat, detached toils, olawo, or other porta 
unloes oooomponiod by hood s ection s for the 
purpose of dotormining legal oizo; and 

(5) Us e or hov e oboord a vooool loboter trap s unl ess 
s uoh trap s ar e e quipp e d v t 'ith oooap e v e nta of a oiz e 
adequate to minimize retention of undorsizod 
lobsters. 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1347 



PROPOSED RULES 



m 

01 

£41 

£5} 
£6} 



Sell, trade or barter without 

Lobster vessel permit: 

Possess a egE bearing spiny lobster or a spiny 

lobster from which eggs have been stri pped. 



a Federal Spiny 



scrubbed or removed: 

Possess spiny lobster with a carapace length less 

than 3 inches: 

Possess aboard a vessel or land more than two 

spiny lobsters per person: 

Possess aboard a vessel or land detached spiny 

lobster tails: or 

Take spiny lobsters with a gaff hook. sf>ear or 

similar device. Possession of a speared, pierced. 

or punctured spiny lobster is prima facie evidence 

that prohibited gear was used. 



Statutory Authority G.S. 113-134; 113-182; 143B-289.4. 
SUBCHAPTER 3M - FEVFISH 



SECTION .0200 - STRIPED BASS 



.0202 



SEASON, SIZE AND HARVEST LIMTT: 
INTERNAL COASTAL WATERS 

(a) The Fisheries Director may, by proclamation, impose 
any or all the following restrictions on the taking of strijjed 
bass in internal coastal waters: 

(1) Specify season or seasons: 

(A) (ft) for hook-and-line fishing, 

(B) ^ for commercial fishing equipment between 
October 1 and April 30. 

(2) Specify areas, 

(3) Specify quantity, but shall not oxoood possoosion 
of more than thr ee fioh In any on e day tok e n by 
hook and lin e . 

(4) Specify means/methods, 

(5) Specify size, but tho minimum size spocifiod 
ohall not bo l e oo than 1 8 inohoa total l e ngth, size 
for fish taken by commercial fishing equipment, 
and 

(6) Require submission of statistical and biological 

data. 
Fish that do not meet the minimum size limit specified by 
proclamation shall immediately be returned to the waters 
from which taken regardless of condition. 

£b} It is unlawful to possess striped bass taken from 
internal coastal waters less than 18 inches total length. 

£c} It is unlawful to possess more than three striped bass 
per person per day taken by hook-and-line from internal 
coastal waters. 

Statutory Authority G.S. 113-134; 113-182; 113-221; 
143B-289.4. 

.0204 SEASON, SIZE AND HARVEST LDVHT: 
ATLANTIC OCEAN 

(a) It is unlawful for any pofoon to pKDSsess strijjed bass 



taken m from the Atlantic Ocean less than 28 inches total 
length of looo than th e oiae limit ao doterminod by tho 
Atlantic — Stat e s — Marin e Fiohorieo — Commio Biea — in th e ir 
Intorstato Fisborio a Manngomont Plan for atripod booo. — Tb© 
Fishorioa Di r ooto r shall ioouo p r oolamationo nooooaaiy to 
bring North Carolina's oia e limit in oompliano e with the 
Interstate Fishori e e Manag e m e nt Plan . 

(b) It is unlawful to possess more than two strif>ed baas 
per person per day taken from the Atlantic Ocean by hook- 
and-line. 

(c) (fe) It is unlawful to buy, sell, transport, or possess 
strif)ed bass from the Atlantic Ocean by any means except 
that the Fisheries Director may establish an open season at 
any time, and is further empowered to impose any or all of 
the following restrictions: 

(1) Specify number of days, 

(2) S(>ecify areas, 
Specify means and methods which may be 
employed in the taking. 
Specify time period, 

Limit the quantity, — both commofciall y — uaA 
r e or e ationally, quantity taken by commercial 
gear, and 

Provide for biological sampling of fish har- 
vested. 



(3) 

(4) 
(5) 



(6) 



Statutory Authority G. S. 
143B-289.4. 



113-134; 113-182; 113-221; 



SECTION .0300 SPANISH AND KING MACKEREL 

,0301 HARVEST LEVHT 

(a) King mackerel: 

(1) It is unlawful to possess king mackerel less than 
20 inches fork length. 

(2) It \s unlawful to possess more than three king 
mackerel per person per day taken by hook-and- 
line. 

(b) Spanish mackerel: 

(1) It is unlawful to possess Spanish mackerel less 
than 12 inches fork length. 

(2) It is unlawful to possess more than 10 Spanish 
mackerel per person per day taken by hook-and- 
line. 

(c) Persons in piossession of a valid National Marine 
Fisheries Service Coastal Migratory Pelagic (Mackerel) 
Permit to fish on the commercial mackerel quotas are 
exempt from the mackerel creel limits established in 
Paragraphs (a) and £b} of this Rule. 

(d) Charter vessels with a valid National Marine Fisheries 
Service Federal Coastal Migratory Pelagic (Mackerel) 
Permit must comply with the mackerel creel limits estab- 
lished in Paragraphs (a) and (b) of this Rule when fishing 
with more than three persons (including the captain and 
mate) on board. 

(e) It is unlawful to pxjssess aboard or land from a vessel, 
or combination of vessels that form a single operation, more 



1348 



NORTH CAROUNA REGISTER 



October 16, 1995 



10:14 



PROPOSED RULES 



than 3,500 pounds of Spanish or King Mackorol king 
mackerel , in the aggregate, in any one day. The Fisheries 
Dirootor, Director «ay may, by proclamation, impose any 
or all of the following restrictions on the taking of Spanish 
eadi'er King Maokorol or king mackerel: 

(1) Specify areas. 

(2) Specify seasons. 

(3) Specify commercial quantify. 

(4) Specify means/methods. 

(5) Specify size for fish taken by commercial fishing 
equipment . 

Statutory Authority G.S. 113-134; 113-182; 113-221; 
143B-289.4. 

SECTION .0500 - OTHER HNTISH 

.0501 RED DRUM 

(a) The Fisheries Director, may by proclamation, impose 
any or all of the following restrictions on the taking of red 
drum: 

(1) Specify areas. 

(2) Specify seasons. 

(3) Specify quantify for fish taken by commercial 
gear. 

(4) Specify means/methods. 

(5) Specify size for fish taken by commercial gear. 

(b) It is unlawful to sell or offer for sale red drum greater 
than 27 inches total length. 

(c) It is unlawful to remove red drum from any fype of 
net with the aid of any boat hook, gaff, spear, gig, or 
similar device. 

{dj It is unlawful to possess red drum less than 18 inches 
total length. 

{e) It is unlawfiil to possess more than five red drum per 
person per day taken by hook-and-line of which no more 
than one may be larger than 22 inches total length. 



Statutory Authority G.S. 
143B-289.4. 



113-134; 113-182; 113-221; 



.0503 FLOIWDER 

(a) Dcense to Land Flounder from the Atlantic Ocean: 



m 



£21 



m 



iM 



It is unlawful to land more than 100 pounds per 
trip of flounder taken from the Atlantic Ocean 
unless the vessel has been issued a License to 
Land Flounder from the Atlantic Ocean. 
It is unlawful for a fish dealer to purchase or 
offload flounder taken from the Atlantic Ocean 
by a vessel that has not first procured a valid 
North Carolina License to Land Flounder from 
the Atlantic Ocean. 

To qualify for a North Carolina License to Land 

Flounder from the Atlantic Ocean, a vessel is 

required to have: 

been licensed under G.S. 113-152 or 113-153 

during any two of the 1992-93. 1993-94. or 



1994-95 license years, and 
(B) landed in North Carolina at least 1 .000 pounds 
of flounder each year from the Atlantic Ocean 
during any two of the 1992-93. 1993-94. or 
1994-95 license years for which the vessel was 
licensed to land in North Carolina. 

(4) At least ten days prior to issuance, applicants for 
the license shall complete an a pplication form 
provided by the Division of Marine Fisheries 
and submit it to the North Carolina Division of 
Marine Fisheries. Post Office Box 769. 3441 
Arendell Street. Morehead City. North Carolina 
28557. The following information is required: 

(A) Valid documentation papers or current motor 
boat registration or copy thereof: 

(B) Proof of required licenses and flounder land- 
ings data for that vessel during the years the 
vessel was licensed. 

Licenses will be issued to qualifying vessels at 
no ^ and only from the Morehead City Office 
of the Division of Marine Fisheries. 

(5) Licenses may only be transferred: 

(A) with the transfer of the ownership of a vessel 
holding a License to Land Flounder from the 
Atlantic Ocean to the new owner of that ves- 
sel, or 

(B) by the owner of a vessel to another vessel 
under the same ownership. The vessel owner 
is only eligible for the same number of Li- 
censes to Land Flounder from the Atlantic 
Ocean for which his boats qualify. 

(C) any transfer of license under this Paragraph 
must be facilitated through the Division of 
Marine Fisheries Morehead City Office only. 

£6} It is unlawfiil for any individual to land flounder 
from the Atlantic Ocean without having ready at 
hand for inspection a valid License to Land 
Flounder from the Atlantic Ocean, except as 
specified in Subparagraph (c)(1) of this Rule. 

(7) Suspension or Revocation: 

(A) A License to Land Flounder from the Atlantic 
Ocean issued under this rule shall be subject to 
suspension or revocation pursuant to the provi- 
sions of 15A NCAC 3P. et seq.. except that 
this license shall be subject to revocation 
pursuant to the provisions of G.S. 113-166 
when the licensee is convicted of a criminal 
offense within the jurisdiction of the Depart- 
ment under the provisions of Subchapter IV of 
Chapter 113 of the General Statutes, or of the 
rules of the Marine Fisheries Commission 
adopted under the authority of that Subchapter. 

(B) The Division may commence proceedings 
under 15A NCAC 3P. et seq.. for susp>ension 
or revocation of a License to Land Floimder 
from the Atlantic Ocean if it finds: 

(i) the license was obtained by providing any 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1349 



PROPOSED RULES 



false information or willfully omitting 
required information when the information 
is material to the securing of the license; 
or 

(n) the license was falsified, fraudulently 
altered, or counterfeited; or 

(iii) the licensee practices any fraud or decep- 
tion designed to evade the provisions of 
this rule or reasonable administrative 
directives made under the authority of this 
rule or G.S. 113-182(b)(3). 

(b) It is unlawful to transfer flounder taken from the 
Atlantic Ocean from one vessel to another. 

(c) (a) It is unlawful to possess flounder less than 13 
inches in length. 

{d} It is unlawful to possess flounder less than 14 inches 
total length taken by hook-and-line or gig from the Atlantic 
Ocean. 

£ei It is unlawful to possess more than 8 flounder per 
person per day taken by hook-and-line or gig from the 
Atlantic Ocean. 

£f) It is unlawful to possess more than 8 flounder per 
person per day taken by gig from internal coastal waters, 
(g) Persons with a vessel endorsement to sell or a 
nonvessel endorsement to sell are exempt from the posses- 
sion limit in Paragraphs £e) and (f} of this Rule. 

(h) (fe) Between October i and April 30. it shall be 
unlawful to use a trawl in the Atlantic Ocean within three 
miles of the ocean beach from the North Carolina/Virginia 
state line (35° 33' N) to Cape Lookout (34° 36' N) unless 
each trawl has a cod end (tailbag) mesh length greater than 
5 \I2 inches diamond mesh (stretched) or 6 inches square 
mesh (stretched) applied throughout the cod end for at least 
75 continuous meshes forward of the terminus (end) of the 
net, or the terminal one-third portion of a net, measured 
from the terminus of the cod end to the head rope for cod 
ends with less than 75 meshes, except as provided in 
Paragraphs (e) and (f) of this Rule. Th e Fioh e ri e e Dir e otor 
may, by proolomntion: 

(4^ OQtabliah fishing gear sfK i cifications for trawls 

used within throo nautical milee of tho boach 
from Octob e r 1 through April 30 in ord e r to 
protect omall flound e r, and 

(3^ close and open tho ooaoon in tho Atlantic Ocean 

to tho taking of flounder with fogard to quota 
manag e m e nt in acoordono e with th e Mid Atlantic 
Fioh e ri e o Manag e m e nt Counoil Fish e r)' Manag e 
nK«t Plan for tho Summof Flounde r Fiahofy. 
It is unlawful to violate tho provisions of any proclamation 
ieoued und e r this authority. 

(i) Tailbag liners of any mesh size, the multiple use of 
two or more cod ends, or other netting material that in any 
way could restrict the legal size mesh required by this Rule, 
many not be used or possessed on the deck of a vessel in 
the Atlantic Ocean between October \ and April 30 from the 
North Carolina/Virginia state line (36° 331 N} to Cape 
Lookout (34° 36' N). 



(i) Trawls with a cod end mesh size smaller than de- 
scribed in Subsection fb) may be used or possessed on the 
deck of a vessel provided not more than 100 pounds of 
flounder per trip from May \ through October 31 or more 
than 200 f>ounds from November 1 through April 30 is 
possessed aboard or landed from that vessel. 

(k) Flynets are exempt from the flounder trawl mesh 
requirements if they meet the following definition: 

(1) The net has large mesh in the wings that mea- 
sure 8 inches to 64 inches; 

(2) The first body section (belly) of the net has 35 
or more meshes that are at least 8 Inches: and 

(3) The mesh decreases in size throughout the body 
of the net to as small as 2 inches or smaller 
towards the terminus of the net. 

(1) Season. 

(1) The North Carolina season for landing ocean- 
caught flounder will open January \ each year. 
If 70 percent of the quota allocated to North 
Carolina in accordance with the joint Mid-Atlan- 
tic Fisheries Management Council-Atlantic States 
Marine Fisheries Commission Fishery Manage- 
ment Plan for Summer Flounder is projected to 
be taken, the Fisheries Director shall, by procla- 
mation, close North Carolina ports to landing of 
flounder taken from the ocean. 

(2) During the closed season, vessels may land up to 
100 pounds of flounder per trip taken from the 
Atlantic Ocean. 

(3) The season for landing flounder taken in the 
Atlantic Ocean shall reopen November L^ 

Statutory Authority G.S. 113-134; 113-182; 113-221; 
143B-289.4. 

.0504 TROUT 

(a) Spotted seatrout (speckled trout). It is unlawful to 
possess spotted seatrout less than 12 inches total length « 
length . 

Cb) Weakfish (gray trout). 

(1) TTie Fisheries Director may, by proclamation, 
impose any or all of the following restrictions on 
the taking of weakfish by commercial gear : 

(A) (4) Specify areas. 

(B) (3) Specify seasons. 

(C) (3^ Specify quantity. 

(D) (4) Specify means/methods. 

(E) (5) Specify size^ but not greater than 12 inches 
total length. 

(A) — But not gr e at e r than 12 inoh e o for w e akfish 
tak e n by any method oth e r than hook and lino; 

(B) — But not groator than 14 inchoa for wookfiah 
takon by hook and lino. 

(2) Weakfish taken by hook-and-line: 

(A) It is unlawful to possess weakfish less than 12 
inches total length taken by hook-and-line. 

(B) It is unlawfiil to possess more than four weak- 



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October 16, 1995 



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PROPOSED RULES 



fish per person per day taken by hook-and- 
line. 

Statutory Authority G.S. 113-134; 113-182; 143B-289.4. 

.0506 SNAPPER-GROUPER 

(a) The Fisheries Director may, by proclamation, impose 
any or all of the following restrictions in the fishery for 
species of the snapper-grouper complex listed in the South 
Atlantic Fishery Management Council Fishery Management 
Plan for the Snapper-Grouper Fishery of the South Atlantic 
Region: 

(1) Specify size; 

(2) Specify seasons; 

(3) Specify areas; 

(4) Specify quantity; 

(5) Specify means/methods; and 

(6) Require submission of statistical and biological 
data. 

(b) It is unlawfiil to possess black sea bass less than eight 
inches total length taken south of Cape Hatteras (35° 15' N. 
Latitude). 

(c} It is unlawful to possess gag grouper (gray grouper) 
less than 20 inches total length. 

(d) It is unlawful to possess black grouper less than 20 
inches total length. 

(e) It is unlawful to possess red snapper less than 20 
inches total length. 

£fi It is unlawful to possess red grouper less than 20 
inches total length. 

(g) It is unlawful to possess vellowfln grouper (fireback 
grouper) less than 20 inches total length. 

£h} It is unlawful to possess scamp less than 20 inches 
total length. 

£i) It is unlawful to possess yellowmouth grouper less 
than 20 inches total length. 

(j) Greater amberiack: 

(1) It is unlawful to p>ossess greater amberiack less 
than 36 inches fork length except that persons 
fishing under the bag limit established in Sub- 
paragraph (2) of this Paragraph may possess a 
minimum 28 inch amberiack. 

(2) It is unlawful to possess more than three greater 
amberiack per person per day. 

(k) Vermilion Snapper: 

(1) It is unlawful to possess vermilion snapper 
(beeliner) less than 12 inches total length except 
that persons fishing under the bag limit estab- 
lished in Subparagraph (2) of this Paragraph 
may possess 10 inch vermilion snapper. 

(2) It is unlawful to p>ossess more than 10 vermilion 
snapper per person per day taken for non-com- 
mercial purposes. 

£1} It is unlawful to possess silk snapper (yelloweye 
snapper) less than 12" total length. 

(m) It is unlawful to possess blackfin snapper (Tiambone 
snapper) less than 12" total length. 



(n) It is unlawful to possess red porgy (pink or silver 
snapper) less than 12 inches total length, 
(o) Speckled hind (Kitty Mitchell) and Warsaw grouper 

(1) It is unlawful to sell or offer for sale speckled 
hind or Warsaw grouper. 

(2) It is unlawful to possess more than one speckled 
hind or one Warsaw group per vessel per trip. 

(p) Combined Bag Limit for Snapper. It is unlawful to 
possess more than 10 vermilion snappers and 10 other 
sp)ecies of snappers, of which no more than two may be red 
snapper, taken in any one day unless fishing aboard a vessel 
holding a federal vessel permit for sna pper-grouper authoriz- 
ing the bag limit to be exceeded. 

(q) Combined Bag Limit for Grouper: 

(1) It is unlawful to possess more than five grouper 
taken in any one day unless fishing aboard a 
vessel holding a federal vessel permit for 
sna pper-grouper authorizing the bag limit to be 
exceeded. 

(2) Vessels holding a federal permit authorizing the 
bag limit to be exceeded may not piossess more 
than one sp>eckled hind or one Warsaw grouper. 

(r) It is unlawful to possess Nassau grouper or jewfish. 
(s) Fish Traps/Pots: 

(1) It is unlawful to use or have on board a vessel 
fish traps for taking snappers and groupers 
except sea bass pots as allowed in Subparagraph 
(2) of this Paragraph. 

(2) Sea bass may be taken with pots that conform 
with the federal rule requirements for mesh sizes 
and Eot size as specified in 50 CFR Part 646.2 
and openings and degradable fasteners specified 
in 50 CFR Part 646-22 (c) (2) (i). 

Statutory Authority G.S. 113-134; 113-182; 113-221; 
143B-289.4. 

.0507 RECREATIONAL nSHING RESTRICTIONS 

Tho FishorioQ Dir e ctor may, by proolormttion, e otablioh 
s ize and har>'ost limit rostrictiona for the following spocioa 
txikon by hook and lino: 

(4) Blu e marl in; 



m- 



White marlin; 
Sail fi ah; 



(4) Cobia; 

^ Dolphin; 

(4) Spott e d o e atrout; 

f?^ Tunaa; and 

<^ Flounder. 

(a) Blue marlin: 

(1) It is unlawfiil to possess blue marlin less than 86 
inches in length from the lower jaw to the fork 
in the tail. 

(2) It is unlawful to possess more than one blue 
marlin per person per day. 

£b} White mad in: 
(1) It is unlawful to possess white marlin less than 



10:14 



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October 16, 1995 



1351 



PROPOSED RULES 



62 inches in length from the lower jaw to the 
fork in the tail. 
(2) It is unlawful to possess more than one white 
marlin per person per day. 
(cl Sailfish: 

(1) It is unlawful to possess sailfish less than 57 
inches in length from the lower jaw to the fork 
in the tail. 

(2) It is unlawful to possess more than one sailfish 
per person per day. 

£d} Cobia: 
(1) It is unlawful to possess cobia less than 33 

inches fork length taken b^ hook-and-line. 
(2} It is unlawful to possess more than two cobia 
per person per day taken by hook-and-line. 
(e) Dolphin: 

(1) It is unlawful to possess more than 10 dolphin 
per person per day. 

(2) Exemptions: 

(A) Charter vessels with a yalid National Marine 
Fisheries Service Charter Vessel Coastal 
Migratory Pelagic Permit and licensed by the 
U.S. Coast Guard to carry six or less passen- 
gers for hire, may possess a maximum of 60 
dolphin per day regardless of the number of 
people on board. 

(B) Vessels with a valid commercial National 
Marine Fisheries Service Federal Coastal 
Migratory Pelagic Permit including 
charterboats when fishing with three or less 
persons (including captain and mate) on board 
are exempt from the creel limits set out in 
Subparagraph (d)(n of this Rule. 

£0 It is unlawful to possess yellowfin tuna less than 22 
inches fork length taken by hook-and-line. 

Statutory Authority G.S. 113-134; 113-182; 113-221; 
143B-289.4. 



incorporated in the Fishery Management Plan for Bluefish 
develojjed cooperatively by the Mid-Atlantic Fishery 
Management Council and the Atlantic States Marine 
Fisheries Commission, the Fisheries Director may, by 
proclamation, take any or all of the following actions in the 
bluefish commercial fishery: 

(1) Specify size; 

(2) Specify seasons; 

(3) Specify areas; 

(4) Specify quantity; 

(5) Si>ecify means/methods; and 

(6) Require submission of statistical and biological 
data. 

£b} It is unlawful to possess bluefish less than 12 inches 
total length taken by hook-and-line. 

£ci It is unlawful to possess more than 20 bluefish per 
person per day taken by hook-and-line. 

Statutory Authority G.S. 113-134; 113-182; 113-221; 
143B-289.4. 

.0512 COMPLIANCE WITH FISHERY 
MANAGEMENT PLANS 

In order to comply with management requirements 
incorpK? rated in Federal Fishery Management Council 
Management Plans or Atlantic States Marine Fisheries 
Commission Management Plans, the Fisheries Director may, 
by proclamation, suspend the minimum size and harvest 
limits established by the Marine Fisheries Commission, and 
implement different minimum size and harvest limits- 
Proclamations issued under this Section shall be subject to 
approval, cancellation, or modification by the Marine 
Fisheries Commission at its next regularly scheduled 
meeting or an emergency meeting held purstiant to G.S. 
113-221 (en. 

Statutory Authority G.S. 113-134; 113-182; 113-221; 
143B-289.4. 



.0510 EELS 

(a) It is unlawful to possess, sell or take eels less than six 
inches in length. Tolerance of not more than 20 eels (>er 
person per day shall be allowed. 

(b) Ttie Fisheries Director may issue a permit allowing 
harvest during the months of February. March, and April 
and possession of eels less than six £6} inches in length for 
bona fide aquaculture operations engaged in the cultivation 
of eels. Aquaculture operations must demonstrate that they 
are bona fide aquaculture operations by showing: 

(1) a license or a permit for aquaculture operations; 

(2) the nature of its facilities or operations are 
sufficient for eel aquaculture. 

Statutory Authority G.S. 113-134; 113-182; 143B-289.4. 

.0511 BLUEnSH 

(a) In order to comply with the management requirements 



SUBCHAPTER 3R - DESCRIPTIVE BOUNDARIES 

.0003 PRIMARY NURSERY AREAS 

The primary nursery areas referenced in 15 A NCAC 3N 
.(XX)4 are delineated in the following coastal water areas: 
(1) In the Roanoke Sound Area: 

(a) Shallowbag Bay: 

(i) Dough Creek, northwest of a line beginning at 
a point on the east shore 35° 54' 28" N - 75° 
40' 00" W; running 242° (M) to a point on 
the west shore 35° 54' 19" N ~ 75° 40' 09" 
W; 

(ii) Scarborough Creek, all waters south of a line 
beginning at a point on the east shore 35° 54' 
00" N - 75° 39' 33" W; nmning 246° (M) to 
a point on the west shore 35° 53' 59" N ~ 
75° 39' 36" W. 

(b) Broad Creek, north of a line beginning at a point 



1352 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



PROPOSED RULES 



) 



on the east shore 35° 52' 24" N - 75° 38' 26" 
W; running 306° (M) to a point on the west 
shore 35° 52' 22" N -- 75° 38' 30" W. 
(2) In the Northern Pamlico Sound Area: 

(a) Long Shoal River: 

(i) Long Shoal River, west of a line beginning at 
a point on the north shore 35° 38' 00" N - 
75° 52' 57" W; running 208° (M) to a point 
on the south shore 35° 37' 47" N -- 75° 53' 
03" W; 

(ii) Deep Creek, east of a line beginning at a pwint 
on the north shore 35° 37' 50" N -- 75° 52' 
14" W; running 204° (M) to a point on the 
south shore 35° 37' 38" N -- 75° 52' 18" W; 

(iii) Broad Creek, west of a line beginning at a 
point on the north shore 35° 35' ^ 58" N - 
75° 53' 42" W; running 209° (M) to a point 
on the south shore 35° 35' 46 40" N - 75° 
53' 49 41" W; 

(iv) Muddy Creek, east of a line beginning at a 
point on the north shore 35° 36' 24" N - 75° 
52' 08" W; running 181° (M) to a point on 
the south shore 35° 36' 15" N -- 75° 52' 10" 
W; 

(v) Pains Bay, north of a line beginning at a point 
on the west shore 35° 35' 26" N -- 75° 49' 
12" W; running 097° (M) to a point on the 
east shore 35° 35' 26" N - 75° 48' 50" W; 

(vi) Otter Creek, southwest of a line beginning at 
a point on the east shore 35° 33' 0^ \2" N -- 
75° 55 54' 00 57" W; running 277° (M) to a 
point on the west shore 35° 33' 0^ 18" N -- 
75° 55' 45 16" W; 

(vii) Clark Creek, northeast of a line beginning at 
a point on the north shore 33° 35' 45 £7" N - 
75° 51' m 29" W; running 158° (M) to a 
point on the south shore 35° 35' 46 42" N - 
75° 51' 3»27" W; 

(b) Far Creek, east of a line beginning at a pwint on 
Gibbs Point 35° 30' 06" N -- 75° 57' 46" W; 
running 007° (M) to a point on the east shore 
35° 30' 53" N -- 75° 57' 46" W; 

(c) Middletown Creek, west of a line beginning at 
a point on the north shore 35° 28' 36 27" N -- 
75° 59' 55 49" W; running 097° (M) to a point 
on the south shore 35° 28' 06" N -- 75° 59' 55 
48" W; 

(d) Wy socking Bay: 

(i) Lone Tree Creek, east of a line beginning at a 
point on the south shore 35° 25' 06" N -- 76° 
02' 06" W; running 342° (M) to a point on 
the north shore 35° 25' 35 36" N -- 76° 02' 
48 22" W; 

(ii) Wysocking Bay, north of a line beginning at a 
point on the east shore 35° 25' 55 56" N -- 
76° 02' 5« 55" W; running 265° (M) to a 
point on the west shore 35° 25' 44 47" N - 



76° 03' 35 42" W; 

(iii) E>ouglas Bay, northwest of a line beginning at 
a point on Mackey Point 35° 25' 44 15" N - 
76° 03' 44 15" W; running 229° (M) to a 
point on the south shore 35° 24' 50 48" N - 
76° 03' 43 39" W; 

(iv) Tributaries west of Brown Island, west of a 
line beginning at a p>oint on the north shore of 
Brown Island 35° 24' 40 12" N -- 76° 04' 34 
29" W; running 007° (M) to a point 35° 24' 
34 23" N -- 76° 04' 34 30" W; and north of 
a line beginning at a point on the most south- 
em point of Brown Island 35° 23' 54- 48" N -- 
76° 04' 33 30" W; running 277° (M) to a 
point on the west shore 35° 23' 54- 36" N - 
76° 04' 48 54" W; 

(e) East Bluff Bay, Harbor Creek east of a line 
beginning at a point on the south shore 35° 21' 
25" N - 76° 07' 48" W; running 323° (M) to a 
point on the north shore 35° 21' 34- 33" N - 76° 
07' 56 55" W; 

(f) Cunning Harbor tributaries, north of a line 
beginning at a point on the east shore 35° 20' 40 
42" N - 76° 12' 45 14" W; running 280° (M) to 
a point on the west shore 35° 20' 43 43" N - 
76° 12' ^ 38" W; 

(g) Juniper Bay: 

(i) Upper Juniper Bay, north of a line beginning 
at a point on the east shore 35° 23' 09" N - 
76° 15' 00" W; running 277° (M) to a point 
on the west shore 35° 23' 09" N - 76° 15' 
12" W; 

(ii) Rattlesnake Creek, west of a line beginning at 
a point on the north shore 35° 22' 55" N - 76° 
15' 19" W, running 211° (M) to a point on 
the south shore 35° 22' 50" N - 76° 15' 21" 
W; 

(iii) Buck Creek, east of a line beginning at a point 
on the south shore 35° 21' 22" N - 76° 13' 
46" W; running 328° (M) to a point on the 
north shore 35° 21' 29" N - 76° 13' 54" W; 

(iv) Laurel Creek, east of a line begiiming at a 
point on the north shore 35° 20' 38" N - 76° 
13' 21" W; running 170° (M) to a point on 
the south shore 35° 20' 36" N - 76° 13' 22" 
W; 

(v) Old Haulover, west of a line beginning on the 
south shore 35° 21' 58" N - 76° 15' 36 34" 
W; running 008° (M) to a point on the north 
shore 35° 22' 05 04" N - 76° 15' 35" W; 
(h) Swanquarter Bay: 

(i) Upper Swanquarter Bay, north of a line begin- 
ning on the east shore and running 270° (M) 
through Day Marker No. 7 to the west shore; 

(ii) Oyster Creek, east of a line beginning at a 
point on the north shore 35° 23' 06 09" N -- 
76° 48 19' 58 00" W; running 187° (M) to a 



10:14 



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October 16, 1995 



1353 



PROPOSED RULES 



point on the south shore 35° 22' 90 59" N - 
76° 18' 5*56" W; 
(iii) Caffee Bay: 

(A) Unnamed tributary, north of a line begin- 
ning at a point on the west shore 35° 22' 
09" N - 76° 18' 52" W; running 1 1 1 ° (M) 
to a p>oint on the east shore 35° 22' 06" N 
- 76° 18' 45" W; 

(B) Unnamed tributary, north of a line begin- 
ning at a pKDint on the east shore 35° 22' 
05" N - 76° 18' 12" W; running 288° (M) 
to a p)oint on the west shore 35° 22' 09" 
N - 76° 18' 28" W; 

(C) Upper Caffee Bay (Haulover), east of a 
line beginning at a point on the south 
shore 35° 21' 43 42" N - 76° 17' 3§ H" 
W; running 330° (M) to a point on the 
north shore 35° 21' §3 55" N - 76° 17' 36 
25" W. 

(i) Rose Bay: 

(i) Rose Bay, north of a line beginning at a point 
on Watch Point 35° 26' 52" N - 76° 25' 02" 
W; running 272° (M) to Channel Marker No. 
6; thence 248° (M) to a point on the west 
shore 35° 26' 40" N - 76° 25' 30" W; 

(ii) Island Point Creek, west of a line beginning at 
a point on the north shore 35° 35 26' 59 03" 
N - 76° 25' 06 05" W; r unnin g 154° (M) to a 
point on the south shore 35° 25' 54 55" N - 
76° 25' 00 02" W; 

(iii) Tooley Creek, west of a line beginning on the 
north shore 35° 25' 36 30" N - 76° 25' 30 
34" W; running 187° (M) to a point on the 
south shore 35° 25' 09 U" N - 76° 25' 30 
33" W; 

(iv) Broad Creek, east of a line beginning at a 
point on the south shore 35° 23' 5 4 " N — 76^ 
33' 3A" W 35° 24' 15" N - 76° 23' 36" W; 
running 023° (M) to a point 35° 34' 15" N 
76° 26' 10" W 35° 24' 29" N - 76° 23' 24" 
W; thonoo 8 0° (M) to a point 35° 2 4 ' 1 8 " N 
76° 35' 57" W; 

(v) Lightwood Snag Bay, west and north of a line 
beginning at a pwint on the south shore 35 ° 23 ' 
54" N - 76° 26' 18" W running 023° (M) to 
a point 35° 24' 15" N - 76° 26' 10" W; 
thence 080° (M) to a point 35° 24' 18" N - 
76° 25' 57" W; 

(vi) Deep Bay: 

(A) Old Haulover, north of a line beginning at 
a point on the west shore 35° 23' 09 \2" 
N - 76° 22' 53 54" W; running 101° (M) 
to a point on the east shore 35° 23' 09 10" 
N - 76° 22' 46 45" W; 

(B) Drum Cove (Stinking Creek), south of a 
line beginning at a point on the west shore 
35° 22' 32" N - 76° 24' 44" W; running 



122° (M) to a point on the east shore 35° 

22' 26" N - 76° 24' 28" W; 
(vii) Eastern tributaries (Cedar Hammock and Long 
Creek), east of a line beginning at a point on 
the north shore 35° 24' 53" N - 76° 23' 12" 
W; running 206° (M) to a p>oint on the south 
shore 35° 24' 39 40" N - 76° 23' 18" W; 
(j) Spencer Bay: 

(i) Germantown Bay: 

(A) Ditch Creek, west of a line beginning at a 
pomt on the north shore 35° 24' 11' N ~ 
76° 27' 54" W; r unnin g 224° (M) to a 
point on the south shore 35° 24' 05" N - 
76° 27' 59" W; 

(B) Jenette Creek, west of a line beginning at 
a point on the north shore 35° 24' 30 32" 
N - 76° 27' 40 35" W; running 204° (M) 
to a point on the south shore 35° 24' 35 
24" N - 76° 27' 40" W; 

(C) Headwaters at northeast of a line begin- 
ning at a point on the northwest shore 35° 
24' 50" N - 76° 27' 44 H" W; running 
158° (M) to a point on the southeast shore 
35° 24' 30 37" N - 76° 3? 26' 44 54" W; 

(D) Swan Creek, southeast of a line beginning 
at a point on the north shore 35° 24' 30 
29" N - 76° 27' 11" W; running 234° (M) 
to a point on the south shore 35° 24' 34 
23" N - 76° 27' ¥>■ IZ" W; 

(ii) Unnamed western tributary, west of a line 
beginning at a point on the south shore 35° 22' 
48" N - 76° 28' 19" W; running 356° (M) to 
a point on the north shore 35° 22' 59" N ~ 
76° 28' 21" W; 

(iii) Unnamed tributary, west of a line beginning 
on the south shore 35° 23' 04 02" N - 76° 28' 
36 35" W; r unnin g 016° (M) to a point on the 
north shore 35° 23' 08" N - 76° 28' 35 34" 
W; 

(iv) Unnamed tributary, west of a line beginning at 
a point on the south shore 35° 23' 34- 20" N - 
76° 28' 3? 36" W; running 306° (M) to a 
point on the north shore 35° 23' 35 26" N - 
76° 28' 46" W; 

(v) Unnamed tributaries, northwest of a line 
beginning at a point on the north shore 35° 23' 
45" N - 76° 28' 3« 36" W; running 231° (M) 
to a pomt on the south shore 35° 23' 30" N - 
76° 28' 48" W; 

(vi) Upper Spencer Bay, northwest of a line begin- 
ning at a point on the south shore 35° 24' 00" 
N - 76° 28' 48" W; running 028° (M) to a 
point on the north shore 35° 24' 23" N - 76° 
28' 36" W; 

(vii) Swan Creek, east of a line beginning at a p>oint 
on the south shore 35° 23' 51" N - 76° 27' 
26" W; running 018° (M) to a point on the 



1354 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



PROPOSED RULES 



) 



north shore 35° 24' 02" N - 76° 27' 25" W; 
(k) Long Creek, north of a line beginning at a point 
on the west shore 35° 22' 26" N - 76° 29' 00" 
W; running 119° (M) to a point on the east 
shore 35° 22' 21" N - 76° 28' 49" W; 
(1) Willow Creek, east of a line beginning at a point 
on the north shore 35° 23' 06 08" N - 76° 3« 
29' 54" W; running 137° (M) to a point on the 
south shore 35° 23' 04- 02" N - 76° 3« 29' 45 
46" W; 
(m) Abels Bay, above a line beginning at a point on 
the west shore 35° 24' 04 06" N - 76° 30' 24" 
W; running 132° (M) to a point on the east 
shore 35° 3* 24' ^ 00" N -- 76° 30' 09" W; 
thence 204° (M) to a point on the south shore 
35° 23' 40 42" N -- 76° 30' 14" W; 
(n) Crooked Creek, north of a line beginning at a 
point on the east shore 35° 24' 24- 24" N - 76° 
32' 04" W; running 282° (M) to a point on the 
west shore 35° 24' 2^ 25" N - 76° 32' 14" W. 
(3) In the Pungo River Area: 
(a) Fortescue Creek: 

(i) Headwaters of Fortescue Creek, southeast of 
a line beginning at a point on the southwest 
shore 35° 25' 26" N - 76° 30' 42" W; run- 
ning 060° (M) to a point on the northeast 
shore 35° 25' 30" N -- 76° 30' 33" W; 
(ii) Warner Creek, north of a line from a point on 
the east shore 35° 26' 18" N - 76° 31' 30" 
W; running 262° (M) to a ptoint on the west 
shore 35° 26' 16" N -- 76° 31' 36" W; 
(iii) Island Creek, north of a line beginning at a 
point on the west shore 35° 26' 04" N - 76° 
32' 22" W; running 093° (M) to a point on 
the east shore 35° 26' 06" N -- 76° 32' 18" 
W; 
(iv) Dixon Creek, south of a line beginning at a 
point above Lupton Point 35° 25' 34" N - 
76° 31' 54" W; running 279° (M) to a point 
on the west shore 35° 25' 35" N -- 76° 31' 
44" W; 
(v) Pasture Creek, north of a line beginning at a 
point on the east shore 35° 26' 00 02" N - 
76° 31' 54 50" W; running 277° (M) to a 
point above Pasture Point 35° 36 25' 00 56" N 
- 76° 31' 5;i55" W; 
(vi) All tributarioo on the northeast ohore of lower 
Fortoecuo Crook, northeast of a lino beginning 

at a point 35° 26' 05" N 7 6 ° 21' 12" W; 

running 135° (M) to a point 35° 25' 36" N 
76° 30' 36" W; Cox. Snell. and Seer Creeks, 
northeast of a line beginning at a point on the 
north shore 35° 26' 05" N - 76° 31' 12" W; 
running 134° (M) to a point on the south 
shore 35° 25' 51" N - 76° 30' 53" W; 
(vii) Unnamed tributary on the north side of Fortes- 
cue Creek northeast of a line beginning at a 



point on the north shore 35° 24' 48" N - 76° 
30' 49" W; runnintr 144° (M) to a point on 
the south shore 35° 25' 44" N - 76° 30' 44" 
Wi 

(viii) Runway Creek, northeast of a line beginning 
at point on the north shore 35° 25' 40" N - 
76° 30' 41" W: running 148° (M) to a point 
on the south shore 35° 25' 35" N - 76° 30' 
36" W: 
(b) Slade Creek: 

(i) Slade Creek, south of a line beginning at a 
point above Jones Creek 35° 27' 56" N ~ 76° 
30' 44" W; running 102° (M) to a point on 
the north shore 35° 27' 54" N ~ 76° 30' 33" 
W; 

(ii) Jarvis Creek, northeast of a line beginning at 
a point on the southeastern shore 35° 28' 14" 
N - 76° 30' 51" W; running 325° (M) to a 
point 35° 28' 15" N ~ 76° 30' 56" W; 

(iii) Jones Creek, south of a line beginning at a 
point on the east shore 35° 27' 56" N - 76° 
30' 53" W; running 331° (M) to a point on 
the west shore 35° 28' 00" N ~ 76° 30' 57" 
W; 

(iv) Becky Creek, north of a line beginning at a 
point on the east shore 35° 28' 42" N - 76° 
31' 37" W; running 277° (M) to a point on 
the west shore 35° 28' 42" N ~ 76° 31' 40" 
W; 

(v) Neal Creek, north of a line beginning at a 
point on the east shore 35° 28' 49" N ~ 76° 
31' 49" W; running 275° (M) to a point on 
the west shore 35° 28' 48" N - 76° 31' 54" 
W; 

(vi) Wood Creek, north of a line beginning at a 
point on the east shore 35° 28' 38" N - 76° 
32' 22" W; running 277° (M) to a point on 
the west shore 35° 28' 38" N - 76° 32' 30" 
W; 

(vii) SpeUman Creek, north of a line beginning at a 
point on the east shore 35° 28' 44 JJ" N ~ 
76° 32' 43 4i" W; running 215° (M) to a 
point on the west shore 35° 28' 43 \4" N - 
76° 32' 44 43" W; 

(viii) Speer Creek, east of a line beginning at a jxiint 
on the north shore 35° 27' 58" N - 76° 32' 
24" W; running 207° (M) to a point on the 
south shore 35° 27' 55" N - 76° 32' 24" W; 

(ix) Church Creek and Sjjeer Gut, east of a line 
beginning at a fwint on the northeast shore 35° 
27' 35" N - 76° 32' 46" W; running 228° 
(M) to a point on the southwest shore 35° 27' 
33" N - 76° 32' 52" W; 

(x) Allison and Foeman Creek, south of a line 
beginning at a point on Parmalee Point 35° 27' 
15" N - 76° 33' 07" W; running 286° (M) to 
a point on the southwest shore 35° 27' 18" N 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1355 



PROPOSED RULES 



- 76° 33' 12" W; 

(c) Flax Pond, west of a line beginning at a point on 
the south shore 35° 31' « 53" N - 76° 33' 15" 
W; running 009° (M) to a point on the north 
shore 35° 31' 56 59" N - 76° 33' 45 13" W; 

(d) Battalina and Tooleys Creeks, northwest of a 
line beginning at a point on the north shore 35° 
32' 54- 22" N - 76° 36' 45 08" W; nmning 226° 
(M) to a point on the south shore 35° 32' 03 
03" N - 76° 36' 34 22" W; 

(4) In the Pamlico River Area: 

(a) North Creek: 

(i) North Creek, north of a line beginning at a 
point on the west shore 35° 25' 35" N -- 76° 
40' 06" W; running 048° (M) to a point on 
the east shore 35° 25' 40" N -- 76° 40' 01" 
W; 

(ii) East Fork: 

(A) Northeast of a line beginning at a point on 
the northwest shore 35° 25' 4« 47" N -- 
76° 39' W 18" W; running 144° (M) to a 
point on the southeast shore 35° 25' 45 
41" N -- 76° 39' 00 10" W; 

(B) Unnamed tributaiy of East Fork northwest 
of a line beginning at a point on the north 
shore 35° 25' 41" N - 76° 39' 28" W; 
running 215° (M) to a point on the south 
shore 35° 25' 37" N - 76° 39' 30" W; 

(iii) Frying Pan Creek, east of a line beginning at 
a point on Chambers Point 35° 24' 54 49" N 

- 76° 39' 4« 44" W; running 051° (M) to a 
point on the north shore 35° 35 24' 00 57" N 
„ 76° 39' ^ 37" W; 

(iv) Little East Creek, west of a line beginning at 
a point on Cousin Point 35° 25' 00" N -- 76° 
40' 26" W; running 028° (M) to a point on 
the north shore 35° 25' 08" N - 76° 40' 22" 
W; 

(b) Goose Creek: 

(i) Creek north of Bostic Point, west of a line 
beginning at a point on the north shore 35° 19' 
57" N - 76° 37' 37" W; running 179° (M) to 
a point on the south shore 35° 19' 54" N - 
76° 37' 34" W; 

(ii) Upper Spring Creek: 

(A) Headwaters of Uppter Spring Creek, east 
of a line beginning at a point on the north 
shore 35° 16' 30 23" N - 76° ^ 36' 56 
03" W; running 139° (M) to a point on 
the south shore 35° 16' 44 12" N - 76° ^ 
36' 4« 01" W; 

(B) Unnamed tributary, north of a line begin- 
ning at a point on the west shore 35° 16' 
50" N -- 76° 36' 27" W; running 099° 
(M) to a point on the east shore 35° 16' 
50" N -- 76° 36' 24" W; 

(iii) Eastham Creek: 



(A) Slade Landing Creek, south of a line 
beginning at a point on the west shore 35° 
17' 32" N -- 76° 35' 59" W; running 
139° (M) to a point on the east shore 35° 
17' 29" N -- 76° 35' 54" W; 

(B) Mallard Creek, north of a line beginning 
at a point on the west shore 35° 17' 49" N 
- 76° 36' 09" W; running 122° (M) to a 
point on the east shore 35° 17' 47" N ~ 
76° 36' 04" W; 

(iv) Mud Gut, north and east of a line beginning at 
a point on the south shore 35° 17' 48" N — 
76° 36' 46" W; running 349° (M) to a point 
on the north shore 35° 17' 52" N - 76° 36' 
48" W; 

(v) Wilkerson Creek, east of a line beginning at a 
point on the south shore 35° 18' 20" N - 76° 
36' 44" W; running 025° (M) to a point on 
the north shore 35° 18' 23" N -- 76° 36' 45" 
W; 

(vi) Dixon Creek, east of a line beginning at a 
point on the north shore 35° 18' 53" N - 76° 
36' 37" W; r unnin g 205° (M) to a point on 
the south shore 35° 18' 37" N - 76° 36' 42" 
W; 
(c) Oyster Creek; Middle Prong: 

(i) Oyster Creek: 

(A) West of a line beginning at a point on the 
north shore 35° 19' 29" N -- 76° 34' 02" 
W; running 166° (M) to a pwint on the 
south shore 35° 19' 25" N - 76° 34' 00" 
W; 

(B) Duck Creek, south of a line beginning at 
a point on the west shore 35° 19' 06" N -- 
76° 33' 18" W; r unnin g 055° (M) to a 
point on the east shore 35° 19' 10" N - 
76° 33' 12" W; 

(ii) James Creek, southwest of a line beginning at 
a point on the north shore 35° 18' 36" N -- 
76° 32' 20" W; running 136° (M) to a point 
on the southeast shore 35° 18' 28" N - 76° 
32' 05" W; 

(iii) Middle Prong, south of a line beginning at a 
point on the west shore 35° 17' 50 56" N - 
76° 33 31' 06 58" W; nmning 141° (M) to a 
point on the east shore 35° 17' 43- 44" N -- 
76° 31' 5;t55" W; 

(iv) Clark Creek: 

(A) Headwaters of Clark Creek, southeast of a 
line beginning at a point on the southwest 
shore 35° 18' 06" N -- 76° 31' 12" W; 
running 056° (M) to a point on the north- 
east shore 35° 18' 12" N - 76° 31' 06" 
W; 

(B) Boat Creek, east of a line beginning at a 
point of the south shore 35° 18' 24" N - 
76° 31' 16" W; running 358° (M) to a 



U56 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



PROPOSED RULES 



point on the north shore 35° 18' 32" N - 
76° 31' 18" W; 
(5) In the Western Pamlico Sound Area: 

(a) Mouse Harbor: 

(i) Long Creek, north of a line beginning at a 
point on the west shore 35° 18' 26" N -- 76° 
29' 48" W; running 070° (M) to a point on 
the east shore 35° 18' 30" N - 76° 29' 37" 
W; 

(ii) Small tributary east of Long Creek, northeast 
of a line beginning at a point on the west shore 
35° 18' 31" N -- 76° 29' 13" W; running 
137° (M) to a point on the east shore 35° 18' 
28" N -- 76° 29' 10" W; 

(iii) Cedar Creek and adjacent tributary, south of a 
line beginning at a point on the west shore 35° 
16' 54" N -- 76° 29' 53" W; running 136° 
(M) to a point on the east shore 35° 16' 39" N 
-76° 29' 31" W; 

(b) Big Porpoise Bay, west of a line beginning at a 
point on the north shore 35° 15' 44" N -- 76° 
29' 29" W; running 154° (M) to a point on the 
south shore 35° 15' 38" N - 76° 29' 33 19" W; 

(c) Middle Bay, west of a line beginning at a fxsint 
on the south shore 35° 14' 22" N - 76° 31' 14" 
W; running 055° (M) to a pwint on the north 
shore 35° 14' 36" N -- 76° 30' 50" W; 
Little Oyster Creek, north of a line beginning at 
a point on the west shore 35° 14' 28" N -- 76° 
30' 14" W; running 074° (M) to a point on the 
east shore 35° 14' 35" N -- 76° 29' 59" W; 

(d) Jones Bay, west of the IWW: 

(i) Little Drum Creek/Little Eve Creek, two small 
tributaries on the south shore at the mouth of 
Jones Bay, south of a line beginning at a {K)int 
on the west shore 35° 12' 26" N - 76° 31' 
46" W; running 104° (M) to a point on the 
east shore 35° 12' 20" N - 76° 31' 16" W; 

(ii) Ditch Creek, south of a line beginning at a 
point on the west shore 35° 13' 21" N — 76° 
33' 40" W; running 115° (M) to a point on 
the east shore 35° 13' 14" N - 76° 33' 14" 
W; 

(iii) Lambert Creek, west of a line beginning at a 
point on the south shore 35° 13' 49 48" N - 
76° 34' 30 18" W; running 016° (M) to a 
point on the north shore 35° 13' 50 53" N - 
76° 34' W 20" W; 

(iv) Headwaters of Jones Bay, (west of the IWW), 
west of a line beginning at a point on the south 
shore 35° 14' 35 23" N - 76° 35' 36 27" W; 
running 009° (M) to a {X)int on the north shore 
at 35° 14' 3« 29" N -- 76° 35' 26" W; 

(v) Bills Creek, north of a line beginning at a 
point on the west shore 35° 14' 29" N - 76° 
34' 47" W; running 150° (M) to a point on 
the east shore 35° 14' 26" N - 76° 34' 43" 



W; 

(vi) Doll Creek, north of a line beginning at a 
point on the west shore 35° 14' 20" N -- 76° 
34' 14" W; running 129° (M) to a point on 
the east shore 35° 14' 15" N - 76° 34' 04" 
W; 

(vii) Drum Creek, north of a line beginning at a 
point on the west shore 35° 14' 10" N - 76° 
33' 17" W; running 116° (M) to a point on 
the east shore 35° 14' 08" N -- 76° 33' 05" 
W. 
(6) In the Bay River Area: 

(a) Mason Creek, southeast of a line beginning at a 
point on the southwest shore 35° 08' 40 08" N 

- 76° 41' 39 42" W; running 041° (M) to a 
point on the east shore 35° 08' 45 16" N - 76° 
41' 34 32" W; 

(b) Moore Creek, southeast of a line beginning at a 
point on the southwest shore 35° 08' 52" N -- 
76° 40' 18" W; running 032° (M) to a point on 
the north shore 35° 08' 58 57" N - 76° 40' 45 
\3" W; 

(c) Small tributaries from Bell Point to Ball Creek: 
Crook, Bouthwo a t of a lino beginning at a point 
on the northwoot shoro 35° 09' 57" N — 76° 39' 
36" W; running 13 8 ° (M) to a point on th e 

oouthooflt shor e 35° 09' 15" N 76° 3 8 ' Si" 

Wt 

(]} Tributary west of Bell Point south of a line 
beginning at a point on the west shore 35° 09' 
57" N - 76° 39' 25" W: running 082° (Ml to 
a point on the east shore 35° 10' 00" N - 76° 
39' 21" W; 

(ii) Little Pasture Creek, south of a line beginning 
at a point on the west shore 35° 09' 52" N - 
76° 39' 10" W; running 139° (M) to a point 
on the east shore 35° 09' 49" N - 76° 39' 
06" W: 

am 

Rice Creek, south of a line beginning at a point on 
the west shore 35° 09' 46" N - 76° 38' 59" W: 
running 122° (M) to a point on the east shore 35° 
09' 43" N -76° 38' 53" W: 

(d) Ball Creek-Cabin Creek, south of a line begin- 
ning at a point on the west shore 35° 09' 39" N 

- 76° 38' 01" W; running 116° (M) to a point 
on the east shore 35° 09' 34 32" N - 76° 37' 
38 37" W; 

(e) Bonner Bay: 

(i) Riggs Creek, west of a line beginning at a 
point on the north shore 35° 09' 24" N - 76° 
36' 15" W; running 156° (M) to a point on 
the south shore 35° 09' 13" N - 76° 36' 07" 
W; 

(ii) Spring Creek, west of a line beginning at a 
point on the north shore 35° 08' 29" N - 76° 
36' 43 12" W; running 165° (M) to a point on 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1357 



PROPOSED RULES 



the south shore 35° 08' 30 19" N -- 76° 36' 
0? 06" W; 

(iii) Bryan Creek, south of a line beginning at a 
point on the west shore 35° 08' 22" N -- 76° 
35' 53" W; running 069° (M) to a point on 
the east shore 35° 08' 25" N -- 76° 35' 43" 
W; 

(iv) EHpping Vat Creek, east of a line beginning at 
a point on the north shore 35° 09' 17" N - 
76° 34' 21" W; running 164° (M) to a point 
on the south shore 35° 09' 09" N -- 76° 34' 
18" W; 

(v) Long Creek, south of a line beginning at a 
point on the west shore 35° 08' 12" N -- 76° 
34' 38" W; running 098° (M) to a point on 
the east shore 35° 08' 12" N -- 76° 34' 30" 
W; 

(vi) Small tributaiy off Long Creek, west of a line 
beginning at a point on the north shore 35° 08' 
30" N - 76° 34' 42" W; running 164° (M) to 
a point on the south shore 35° 08' 24" N ~ 
76° 34' 38" W; 

(f) Rock Hole Bay, northeast of a line beginning at 
a point on the west shore 35° 11' 39" N — 76° 
32' 36" W; running 150° (M) to a point on the 
east shore 35° 11' 44 H" N -- 76° 32' 45 U" 
W; 

(g) Dump Creek, north of a line beginning at a 
point on the west shore 35° 11' 42" N -- 76° 
33' 27" W; running 057° (M) to a point on the 
east shore 35° 11' 48" N -- 76° 33' 20" W; 

(h) Tributaries east of IWW at Gales Creek: Cfook. 
ooflt of a lino beginning at a point on tho north 
ohoro of th e north e rn tributar)' 35° 13' S<\" N — 
76° 35' 3 9 " W; running 15 8 ° (M) to a point on 
tho south shoro of tho oouthom tributary' 35° 12' 

33^M^i 76° 35' 06" W; 

(i) Raccoon Creek, east of a line beginning at a 

point on the north s hore 35° 12' 54" N -- 76° 

351 111 Wi ninning 158° £M} to a point on 

the south shore 35° 12' 39" N - 76° 35' 20" 

W; 

(ii) EHtch Creek, east of a line beginning at a point 

on the north shore 35° 12' 26" N - 76° 35' 

06" W; running 164° (M) to a point on the 

south shore 35° 12' 20" N - 76° 35' 04" W: 

(iii) Jumpover Creek, west of a line begirming at a 

point on the north shore 35^ IT iH. N ~ 16^ 

351 3511 Wi running 198° (Ml to a point on 

the south shore 35° 13' 07" N - 76° 35' 38" 

Wi 

(i) Gales Creek and adjacent tributary^ , wcwt of a 

lino beginning at a point on tho north shore of 

Gal e a Cr ee k 35° 13' 55" N 76° 35' 46" W; 

running 160° (M) to a point on th e south ohor e 
of adjaoont crook 35° 13' 37" N 7 6 ° 35' 35" 



(i) Gales Creek, west of a line he f ;innin f > at a 
point on the north shore 35° 12' 54" N - 76° 
35' 44" W: running 190° (M) to a point on 
the south shore 35° 12' 47" N -- 76° 35' 42" 
Wi 
(ii) Whealton and Tar Creeks, west of a line 
beginning at a point on the north shore 35° 12' 
42" N - 76° 35' 36" W; running 171° (M) to 
a point on the south shore 35° 12' 25" N -- 
76° 35' 25" W; 
(j) Chadwick Creek and No Jacket Creek, north of 
a line beginning at a point on the west shore 35° 
11' 5« 56" N -- 76° 35' 56 53" W; running 
079° (M) to a point on the east shore 35° 12' ©4 
03" N -- 76° 35' »29" W; 
(k) Bear Creek, north of a line begitming at a ptoint 
on the west shore 35° 11' 35" N -- 76° 36' 22" 
W; running 037° (M) to a point on the east 
shore 35° 11' 44" N -- 76° 36' 15" W; 
(1) Little Bear Creek, north of a line beginning at a 
point on the west shore 35° 11' 06" N - 76° 
36' 20" W; running 045° (M) to a point on the 
east shore 35° 11' 16" N - 76° 36' 07" W; 
(m) All small tributaries to Bay River from Petty 
Point to Sanders Point: Point, oloood at mouth; 
(i) Oyster Creek, north of a line beginning at a 
point on the west shore 35° 10' 48" N -- 76° 
361 4311 Wi runninp 061° (M) to a point on 
the east shore 35° 10' 56" N - 76° 36' 31" 
Wi 
(ii) Potter Creek, north of a line beginning at a 
pomt on the west shore 35° 10' 43" N ~ 761 
371 0611 W; running 063 ° (M) to a point on 
the east shore 35° 10' 48" N - 76° 37' 00" 
Wi 
(iii) Barnes and Gascon Creeks, north of a line 
beginning at a point on the west shore 35° 10' 
36" N - 76° 37' 19" W: runninp 066° (M) to 
a point on the east shore 35° 10' 42" N -- 76° 
37' 13" W: 
(iv) Harris Creek, north of a line beginning at a 
point on the west shore 35° 101 3311 N - 261 
37' 34" W; mnnino 064° (M) to a point on 
the east shore 35° 10' 35" N - 76° 37' 29" 
Wi 
(v) Mesic Creek, north of a line beginning at a 
point on the west shore 35° 10' 29" N ;; 761 
37' 58" Wi running 076° (M) to a point on 
the east shore 35° 10' 30" N - 76° 37' 54" 
Wi 
(n) In Vandemere Creek: 

(i) Cedar Creek, north of a line beginning at a 
point on the west shore 35° 11' 45 12" N - 
76° 39' 36" W; running 078° (M) to a point 
on the east shore 35° 11' 44 13" N - 76° 39' 
^ 32" W; 
(ii) Long Creek, east of a line beginning at a {X)int 



1358 



NORTH CAROUNA REGISTER 



October 16, 1995 



10:14 



PROPOSED RULES 



on the north shore 35° 1 1' 2? 29" N - 76° 38' 
49 48" W; running 177° (M) to a point on the 
south shore 35° 11' 33 24" N - 76° 38' 48" 
W; 
(iii) Little Vandemere Creek, north of a line begin- 
ning at a point on the west shore 35° 12' &J- 
09" N - 76° 39' 4? 25" W; running 120° (M) 
to a point on the east shore 35° 12' 06" W - 
76° 39' 44 12" W; 
(o) Smith Creek, north of a line beginning at a point 
on the west shore 35° 10' 23" N -- 76° 40' 15" 
W; running 054° (M) to a point on the east 
shore 35° 10' 27" N -- 76° 40' 13" W; 
(p) Harper Creek, west of a line beginning at a 
point on the south shore 35° 09' 09" N -- 76° 
41' 54" W; running 024° (M) to a point on the 
north shore 35° 09' 15" N -- 76° 41' 51" W; 
(q) Chapel Creek, north of a line beginning at a 
point on the west shore 35° 08' 56" N -- 76° 
42' 52" W; running 076° (M) to a point on the 
east shore 35° 08' 58" N -- 76° 42' 48" W; 
(r) Swindell Bay, south of a line beginning at a 
point on the west shore 35° 08' 46 14" N -- 76° 
42' 5^ 58" W; running 135° (M) to a point on 
the east shore 35° 08' « U." N -- 76° 42' 50 
48" W. 
(7) In the Neuse River Area North Shore: 

(a) Swan Creek, west of a line beginning at a point 
on the north shore 35° 06' 46" N - 76° 33' 41" 
W; running 042° (M) to a point on the south 
shore 35° 06' 18" N - 76° 34' 02" W; 

(b) Broad Creek: 

(i) Greens Creek, east of a line beginning at a 
point on the north shore 35° 06' 05" N - 76° 
35' 28" W; running 154° (M) to a point on 
the south shore 35° 06' 00" N -- 76° 35' 24" 
W; 

(ii) Pittman Creek, north of a line beginning at a 
point on the west shore 35° 05' 48" N -- 76° 
36' 10" W; running 068° (M) to a point on 
the east shore 35° 05' 54" N - 76° 36' 02" 
W; 

(iii) Burton Creek, west of a line beginning at a 
point on the south shore 35° 05' 37" N - 76° 
36' 32" W; running 034° (M) to a point on 
the north shore 35° 05' 43" N -- 76° 36' 30" 
W; 

(iv) All small tributaries on the north shore of 
Broad Creek, north of a line beginning at a 
point on the west shore of the western most 
tributary 35° 05' 38" N -- 76° 37' 49" W; 
running 109° (M) to a p>oint on the east shore 
of the eastern most tributary 35° 05' 27" N - 
76° 36' 47" W; 

(v) Brown Creek, northwest of a line beginning at 
a point on the southwest shore 35° 05' 30" N 
- 76° 37' 51" W; running 032° (M) to a point 



on the northeast shore 35° 05' 37" N - 76° 
37' 48" W; 

(vi) Broad Creek including Gideon Creek, west of 
a line beginning at a point on the south shore 
35° 05' 18" N - 76° 37' 49" W; running 
013° (M) to a point on the north shore 35° 05' 
30" N --76° 37' 51" W; 

(vii) Tar Creek, south of a line beginning at a point 
on the west shore 35° 05' 45 18" N ~ 76° 37' 
36 38" W; ninning 097° (M) to a point on the 
east shore 35° 05' 45 18" N - 76° 37' 30 28" 
W; 

(viii) Small tributorioe oost of Tof Cfook, oouth of a 
lin e beginning at a point on th e w a ot ohoro of 

th e w e otem tributary 35° 05' 1 8 " N 76° 37' 

03" W; running 106° (M) to a point on the 
oast shore of the oastom tributary 35° 05' 1 4 " 

N 76° 36' 27" W; Tributary east of Tar 

Creek, south of a line beginning at a point on 
the west shore 35° 05' 18" N - 76° 37' 03" 
W: running 108° (M) to a point on the east 
shore 35° 05' 17" N - 76° 36' 49" W: 

(ix) Tributary east of Tar Creek, south of a line 
beginning at a point on the west shore 35° 05' 
151 N = 76°"36' 46" W; ninnin p 114° (Nf) to 
a point on the east shore 35° 05' 15" N - 76° 
36' 39" W: 

(\) Parris Creek, south of a line beginning at a 
point on the west shore 35° 05' 15" N - 76° 
361 341 W; running 123° (M) to a point on 
the east shore 35° 05' 12" N - 76° 36' 27" 
Wi 

(xi) (♦*) Mill Creek and Cedar Creek, south of a 
line beginning at a point on the west shore of 
Mill Creek 35° 05' 26" N ~ 76° 36' 02" W; 
running 109° (M) to a point on the east shore 
of the eastern tributary 35° 05' 22" N ~ 76° 
35' 36" W; 

(c) Orchard Creek north of a line beginning at a 
point on the west shore 35° 03' 21" N ~ 76° 
38' 26" W; running 061° (M) to a point on the 
east shore 35° 03' 37" N ~ 76° 37' 58" W; 

(d) Pierce Creek, north of a line beginning at a 
point on the west shore 35° 02' 29" N - 76° 
40' 07" W; running 083° (M) to a point on the 
east shore 35° 02' 31" N - 76° 40' 01" W; 

(e) Whittaker Creek, north of a line beginning at a 
point on the west shore 35° 01' 37" N - 76° 
41' 12" W; running 095° (M) to a point on the 
east shore 35° 01' 37" N ~ 76° 40' 58" W; 

(f) Oriental: 

(i) Smith and Morris Creek, north of a line begin- 
ning at a point on the west shore 35° 02' 15" 
N - 76° 42' 19" W; running 096° (M) to a 
point on the east shore 35° 02' 16" N - 76° 
42' 12" W; 

(ii) Tributary off Smith Creek west, west of a line 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1359 



PROPOSED RULES 



beginning at a point on the north shore 35° 02' 
10" N - 76° 42' 19" W; running 186° (M) to 
a point on the south shore 35° 02' 08" N - 
76° 42' 19" W; 

(iii) Tributary off Smith Creek, east, east of a line 
beginning at a point on the south shore 35° 02' 
06" N - 76° 42' 12" W; running 026° (M) to 
a point on the north shore 35° 02' 08" N - 
76° 42' 11" W; 

(iv) Creek west of Dewey Point, north of a line 
beginning at a point on the west shore 35° 01 ' 
34" N - 76° 42' 35" W; running 049° (M) to 
a point on the west shore 35° 01' 36" N ~ 
76° 42' 32" W; 

(v) Two tributorioo on th e oouth ohor e of Gr se no 

Crook, south of a lino boginning at a point on 

tho west flhoro of the woetom orook 35° 01' 

S4^i4>J — 76° 12' 19" W; running 1 10° (M) to 

a f>oint on the e aot chor e of th e e aot e m cr ee k 

35° or 19" N — 76° 43' 27" W; Tributary on 

the south shore of Greens Creek, south of a 

line beginning at a point on the west shore 35° 

Oi:25IN~7614r491Wi running 115° 

(M) to a point on the east shore 35° 01 ' 24" N 

- 76° 42' 43" W; 

Tributary on the south shore of Greens Creek 

south of a line beginning at a p>oint on the west 

shore 35° or 23" N - 76° 42' 31" W: running 

113° (M) to a point on the east shore 35° 01' 

20" N -- 76° 42' 27" W; 

(vi) Greens Creek, west of a line beginning at a 
point on the north shore 35° 01' 34" N -- 76° 
43' 02" W; running 154° (M) to a point on 
the south shore 35° 01' 28" N -- 76° 42' 57" 
W; 

(vii) Kershaw Creek, north of a line beginning at a 
point on the west shore 35° 01' 34" N -- 76° 
43' 02" W; running 070° (M) to a point on 
the east shore 35° 01' 38" N -- 76° 42' 53" 
W; 

(viii) Windmill Point, southwest of a line beginning 
at a p)oint on the northwest shore 35° 01' 11" 
N -- 76° 42' 18" W; running 130° (M) to a 
point on the southeast shore 35° 01' 09" N - 
76° 42' 14" W. 
(g) Dawson Creek: 

(i) Unnamed eastern tributary of Dawson Creek, 
east of a line beginning at a point on the north 
shore 35° 00' 12" N - 76° 45' 19" W; run- 
ning 155° (M) to a point on the south shore 
35° 00' 07" N - 76° 45' 15" W; 

(ii) Unnamed tributary of Dawson Creek (at 
mouth), south of a line beginning at a point on 
the east shore 34° 59' 39" N - 76° 45' 09" 
W; running 256° (M) to a point on the south 
shore 34° 59' 38" N - 76° 45' 14" W; 
(h) Beard Creek tributary, southeast of a line begin- 



ning at a point on the north shore 35° 00' +? 
18" N - 76° 51' 55 54" W; running 214° (M) to 
a point on the southwest shore 35° 00' 43 10" N 
- 76° 54- 52' 5« 00" W. 
(8) In the Neuse River Area South Shore: 

(a) Clubfoot Creek, south of a line beginning at a 
point on the west shore 34° 52' 15" N - 76° 
45' 48" W; running 095° (M) to a point on the 
east shore 34° 52' 15" N - 76° 45' 36" W: 

(i) Mitchell Creek, west of a line beginning at a 
point on the south shore 34° 54' 15" N - 76° 
45' 51" W; running 021° (M) to a point on 
the north shore 34° 54' 25" N - 76° 45' 48" 
W; 

(ii) Gulden Creek, east of a line beginning at a 
point on the south shore 34° 54' 04" N ~ 76° 
45' 31" W; running 032° (M) to a point on 
the north shore 34° 54' 12" N - 76° 45' 29" 
W; 

(b) Adams Creek: 

(i) Godfrey Creek, southwest of a line beginning 
at a point on the northwest shore 34° 57' 18" 
N - 76° 41' 08" W; running 151° (M) to a 
point on the south shore 34° 57' 16" N - 76° 
41' 05" W; 

(ii) Delamar Creek, southwest of a line beginning 
at a point on the northwest shore 34° 57' 02" 
N - 76° 40' 45" W; running 138° (M) to a 
point on the south shore 34° 57' 00" N - 76° 
40' 43" W; 

(iii) Kellum Creek, west of a line beginning at a 
pomt on the north shore 34° 55' 28" N - 76° 
39' 59 52" W; running 160° (M) to a point on 
the south shore 34° 55' 25" N - 76° 39' 50" 
W; 

(iv) Kearney Creek and unnamed tributary north, 
west of a line beginning at a point on the north 
shore of the north creek 34° 55' 09" N - 76° 
40' 00" W; running 194° (M) to a point on 
the south shore of Kearney Creek 34° 54' 58" 
N - 76° 40' 01" W; 

(v) Isaac Creek, southeast of a line beginning at a 
point on the west shore 34° 54' 16" N - 76° 
40' 07" W; running 102° (M) to a point on 
the east shore 34° 54' 15" N - 76° 40' 02" 
W; 

(vi) Back Creek, south of a line beginning at a 
point on the west shore 34° 54' 33" N ~ 76° 
39' 43" W; running 059° (M) to a point on 
the east shore 34° 54' 38" N - 76° 39' 33" 
W; 

(vii) Cedar Creek, south of a line beginning at a 
point on the west shore 34° 55' 45" N ~ 76° 
38' 38" W; running 095° (M) to a point on 
the east shore 34° 55' 45" N - 76° 38' 32" 
W; 

(viii) Jonaquin Creek, north of a line beginning at a 



1360 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



PROPOSED RULES 



) 



point on the west shore 34° 56' 06" N -- 76° 
38' 32" W; running 095° (M) to a point on 
the east shore 34° 56' 06" N -- 76° 38' 30" 
W; 

(ix) DumpUng Creek, east of a line beginning at a 
point on the north shore 34° 56' 54" N -- 76° 
39' 33" W; running 142° (M) to a point on 
the south shore 34° 56' 52" N -- 76° 39' 31" 
W; 

(x) Sandy Huss Creek, north of a line beginning at 
a point on the west shore 34° 57' 14" N - 
76° 39' 50" W; running 116° (M) to a point 
on the east shore 34° 57' 10" N -- 76° 39' 
43" W; 

(c) Garbacon Creek, south of a line beginning at a 
point on the west shore 34° 59' 00" N -- 76° 
38' 34" W; running 097° {M) to a point on the 
east shore 34° 59' 00" N -- 76° 38' 30" W; 

(d) South River: 

(i) Big Creek, southwest of a line beginning at a 
point on the northwest shore 34° 56' 55" N - 
76° 35' 22" W; running 160° (M) to a point 
on the southeast shore 35° 56' 49" N - 76° 
35' 16" W; 

(ii) Horton Bay, north of a line beginning at a 
point on the west shore 34° 59' 08" N - 76° 
34' 44" W; running 088° (M) to a point on 
the west shore 34° 59' 11" N - 76° 34' 30" 
W; 

(e) Brown Creek, south of a line beginning at a 
point on the west shore 34° 59' 51" N -- 76° 
33' 34" W; running 097° (M) to a point on the 
east shore 34° 59' 51" N -- 76° 33' 30" W; 

(f) Tumagain Bay: 

(i) Abraham Bay, west of a line beginning at a 
point on the north shore 35° 00' 09" N -- 76° 
30' 48" W; running 187° (M) to a point on 
the south shore 34° 59' 50" N -- 76° 30' 44" 
W; 

(ii) Broad Creek and adjacent tributary, west of a 
line from a point on the north shore 34° 59' 
11" N - 76° 30' 26" W; running 151° (M) to 
a point on the south shore 34° 58' 57" N - 
76° 30' 08" W; 

(iii) Mulberry Point Creek, Tump Creek and 
adjacent tributary, east of a line beginning at a 
point on the north shore 35° 00' 28" N -- 76° 
29' 47" W; running 166° (M) to a point on 
the south shore 34° 59' 40" N -- 76° 29' 23" 
W; 

(iv) Deep Gut, east of a line beginning at a point 
on the north shore 34° 59' 35" N -- 76° 29' 
03" W; running 156° (M) to a point on the 
south shore 34° 59' 28" N -- 76° 28' 58" W; 

(v) Big Gut, southeast of a line beginning at a 
point on the north shore 34° 59' 04" N - 76° 
28' 44" W; running 219° (M) to a point on 



(9) 
(a) 



(b) 



(10) 
(a) 



(b) 



(c) 



the south shore 34° 58' 55" N - 76° 28' 44" 
W. 
West Bay; Long Bay Area: 
Fur Creek and Henrys Creek, west of a line 
beginning at a point on the north shore 34° 56' 
33" N - 76° 27' 42" W; running 156° (M) to 
a point on the south shore 34° 56' 23" N -- 76° 
27' 28" W; 

Cadduggen Creek, west of a line beginning at a 
point on the north shore 34° 56' 26" N - 76° 
23' 59" W; running 143° (M) to a point on the 
south shore 34° 56' 17" N - 76° 23' 41" W. 
Core Sound Area: 
Cedar Island Bay, northwest of a line beginning 
at a point on the southwest shore 34° 59 58' 00 
58" N -- 76° 17' 58 55" W; running 038° (M) 
through Beacon No. 6 to a point on the northeast 
shore 34° 59' 45 46" N - 76° 17' 35 23" W; 
Lewis Creek, north of a line beginning at a point 
on the west shore 34° 56' 56" N - 76° 16' 54" 
W; running 097° (M) to a point on the east 
shore 34° 56' 56" N - 76° 16' 51" W; 
Thorofare Bay: 
(i) Tributary off upper Thorofare Bay, southwest 
of a line beginning at a point on the northwest 
shore 34° 55' 27" N - 76° 21' 28" W; run- 
ning 132° (M) to a point on the southeast 
shore 34° 55' 22" N -- 76° 21' 16" W; 
(ii) Barry's Bay, west of a line beginning at a 
point on the north shore 34° 54' 30" N - 76° 
20' 48" W; running 155° (M) to a point on 
the south shore 34° 54' 24" N -- 76° 20' 35" 
W; 

(d) Nelson Bay: 

(i) Willis Creek and Fulchers Creek, west of a 
line beginning at a jwint on the north shore of 
WiUis Creek 34° 51' 06 07" N - 76° 24' 36" 
W; running 194° (M) to a point on the south 
shore of Fulchers Creek 34° 50' 44 09" N -- 
76° 24' 54 51" W; 

(ii) Lewis Creek, west of a line beginning at a 
point on the south shore 34° 51' 44" N - 76° 
24' 40" W; running 011° (M) to a point on 
the north shore 34° 51' 54" N -- 76° 24' 39" 
W; 

(e) Cedar Creek between Sea Level and Atlantic, 
west of a line beginning at a point on the south 
shore 34° 52' 00" N - 76° 22' 44" W; running 
007° (M) to a point on the north shore 34° 52' 
03" N -- 76° 22' 44" W; 

(f) Oyster Creek, northwest of the Highway 70 
bridge; 

(g) Jarretts Bay Area: 

(i) Smyrna Creek, northwest of the Highway 70 

bridge; 
(ii) Ditch Cove and adjacent tributary, east of a 

line beginning at a point on the north shore 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1361 



PROPOSED RULES 



34° 48' 00" N - 76° 28' 26" W; running 017° 
(M) to a point on the south shore 34° 47' 35" 
N - 76° 28' 30" W; 

(iii) Broad Creek, north of a line beginning at a 
point on the west shore 34° 47' 53" N - 76° 
29' 18" W; running 081° (M) to a point on 
the east shore 34° 47' 58" N - 76° 28' 59" 
W; 

(iv) Howland Creek, northwest of a line beginning 
at a point on the southwest shore 34° 47' 21" 
N - 76° 29' 53" W; running 050° (M) to a 
f)oint on the northeast shore 34° 47' 26" N - 
76° 29' 47" W; 

(v) Great Creek, southeast of a line beginning at 
a point on the southwest shore 34° 47' 08" N 

- 76° 29' 12" W; running 053° (M) to a point 
on the northeast shore 34° 47' 17" N - 76° 
29' 02" W; 

(vi) Williston Creek, northwest of the Highway 70 
bridge; 

(vii) Wade Creek, northwest of a line beginning at 
a point on the south shore 34° 46' 10" N -- 
76° 30' 22" W; running 042° (M) to a point 
on the north shore 34° 46' 17" N -- 76° 30' 
17" W; 

(viii) Jump Run, north of a line beginning at a point 
on the west shore 34° 45' 31" N -- 76° 30' 
26" W; running 097° (M) to a point on the 
west shore 34° 45' 31" N -- 76° 30' 21" W; 

(ix) Middens Creek, west of a line beginning at a 
point on the south shore 34° 45' 23" N -- 76° 
30' 59" W; running 007° (M) to a point on 
the north shore 34° 45' 29" N - 76° 30' 59" 
W; 

(x) Tusk Creek, northwest of a line beginning at 
a point on the southwest shore 34° 44' 37" N 

- 76° 30' 47" W; running 033° (M) to a point 
on the north shore 34° 44' 48" N -- 76° 30' 
38" W; 

(xi) Creek west of Bells Island, west of a line 
beginning at a point on the north shore 34° 43' 
56" N - 76° 30' 26" W; running 161° (M) to 
a point on the south shore 34° 43' 46" N -- 
76° 30' 23" W. 
(11) Straits, North River, Newport River Area: 

(a) Straits: 

(i) Sleepy Creek, north of a line beginning at a 
point on the west shore 34° 43' 21" N - 76° 
31' 32" W; running 096° (M) to a point on 
the east shore 34° 43' 21" N -- 76° 31' 20" 
W; 

(ii) Whitehurst Creek, north of a line from a point 
on the west shore 34° 43' 28" N -- 76° 33' 
22" W; running 072° (M) to a point on the 
east shore 34° 43' 33" N -- 76° 33' 13" W; 

(b) North River, north of Highway 70 bridge: 
(i) Ward Creek, north of Highway 70 bridge: 



(A) North Leopard Creek, southeast of a line 
begiiming at a point on the southwest 
shore 34° 45' 57" N - 76° 34' 27" W; 
running 055° (M) to a point on the north- 
east shore 34° 46' 01" N - 76° 34' 19" 
W; 

(B) South Leopard Creek, southeast of a line 
beginning at a jwint on the southwest 
shore 34° 45' 29" N -- 76° 34' 47" W; 
running 057 ° (M) to a point on the north- 
east shore 34° 45' 33" N - 76° 34' 40" 
W; 

(ii) Turner Creek (Gibbs Creek), west of a line 

beginning at a pobt on the south shore 34° 43' 

23" N - 76° 37' 43" W; running 012° (M) to 

a point on the north shore 34° 43' 30" N - 

76° 37' 40" W; 

(c) Newport River, west of a line beginning at a 

point at Lawton Point 34° 45' 41" N - 76° 44' 

03" W; running 356° (M) to a point on the 

north shore 34° 46' 34" N - 76° 44' 18" W; 

(i) Russel Creek, north of a line beginning at a 
point on the west shore 34° 45' 36" N ~ 76° 
39' 47" W; running 097° (M) to a point on 
the east shore 34° 45' 35" N - 76° 39' 46" 
W; 

(ii) Ware Creek, northeast of a line beginning at a 
point on the northwest shore 34° 46' 28" N ~ 
76° 40' 30" W; running 153° (M) to a point 
on the southeast shore 34° 46' 23" N - 76° 
40' 27" W; 

(iii) Bell Creek, northeast of a line beginning at a 
point on the northwest shore 34° 47' 19" N - 
76° 40' 58" W; running 166° (M) to a point 
on the southeast shore 34° 47' 02" N ~ 76° 
40' 56" W; 

(iv) Eastman Creek, east of a line beginning at a 
point on the north shore 34° 47' 57" N - 76° 
41' 04" W; running 184° (M) to a point on 
the south shore 34° 47' 47" N ~ 76° 41' 04" 
W; 

(v) Oyster Creek, north of a line begiiming at a 
point on the west shore 34° 46' 32" N ~ 76° 
42' 32" W; running 080° (M) to a point on 
the east shore 34° 46' 37" N ~ 76° 42' 14" 
W; 

(vi) Harlow Creek, north of a line beginning at a 
point on the west shore 34° 46' 4+ 40" N - 
76° 43' 38 29" W; running 060° (M) to a 
point on the northeast shore 34° 46' 50 49" N 
- 76° 43' 45 19" W; 

(vii) Calico Creek, west of a line beginning at a 
pomt on the north shore 34° 43' 42" N - 76° 
43' 11" W; running 208° (M) to a point on 
the south shore 34° 43' 37" N ~ 76° 43' 13" 
W; 

(viii) Crab Point Bay, northwest of a line beginning 



1362 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



PROPOSED RULES 



at a point on the southwest shore 34° 44 43' 
03 54" N -- 76° 43' 09 07" W; running 04? 
052 ° (M) to a point on the northeast shore 34° 
44' 0« 01" N -- 76° 43' 05 00" W. 

(12) Bogue Sound; Bogue Inlet Area: 

(a) Gales Creek, above the Highway 24 bridge; 

(b) Broad Creek, above the Highway 24 bridge; 

(c) Goose Creek, north of a line beginning at a 
point on the west shore 34° 41' 46" N -- 77° 
00' 45" W; running 070° (M) to a point on the 
east shore 34° 41' 51" N - 77° 00' 32" W; 

(d) Archer Creek, west of a line beginning at a 
point on the north shore 34° 40' 27" N -- 77° 
00' 47" W; running 186° (M) to a point on the 
south shore 34° 40' 22" N -- 77° 00' 47" W; 

(e) White Oak River, north of a line beginning at a 
point on the west shore 34° 45' 27" N -- 77° 
07' 39" W; running 095° (M) to a point on the 
east shore 34° 45' 27" N - 77° 07' 07" W; 

(i) Pettiford Creek, east of a line beginning at a 
point on the north shore 34° 42' 51" N -- 77° 
05' 24" W; running 175° (M) to a point on 
the south shore 34° 42' 37" N - 77° 05' 20" 
W. 

(ii) Holland Mill Creek, west of a line beginning 
at a point on the north shore 34° 43' 49" N - 
77° 44 08' ^ 02" W; running 184° (M) to a 
point on the south shore 34° 43' 38" N - 77° 
44 08' 5« 02" W. 

(f) Hawkins Creek, north of a line beginning at a 
point on the west shore 34° 41' 06" N - 77° 07' 
44" W; running 085° (M) to a point on the east 
shore 34° 41' 07" N - 77° 07' 35" W; 

(g) Queen's Creek, north of country road number 
1509 bridge: 

(i) Dick's Creek, west of a line beginning at a 
point on the south shore 34° 39' 55" N -- 77° 
09' 21" W; running 338° (M) to a pomt on 
the north shore 34° 39' 58" N -- 77° 09' 21" 
W; 

(ii) Parrot Swamp, west of a line beginning at a 
point on the south shore 34° 40' 22" N -- 77° 
09' 39" W; running 333° (M) to a point on 
the north shore 34° 40' 36" N -- 77° 09' 48" 
W; 

(iii) Hall's Creek, east of a line beginning at a 
point on the south shore 34° 41' 00" N -- 77° 
09' 42" W; running 337° (M) to a point on 
the north shore 34° 41' 06" N -- 77° 09' 44" 
W; 
(h) Bear Creek, west of Willis Landing. 

(13) New River Area: 

(a) Salliers Bay area, all waters north and northwest 
of the rWW beginning at a point on Cedar Point 
34° 32' 48" N - 77° 19' 14" W to Beacon No. 
58 34° 37' 56" N - 77° 12' 20" W including 
Howard Bay, Mile Hammock Bay, Salliers Bay, 



and Freeman Creek; 

(b) New River Inlet area (including Hellgate Creek 
and Ward's Channel), all waters south of the 
rWW from Beacon No. 65 34° 32' 41" N - 77° 
18° 57" W to Beacon No. 15 34° 31' 03" N - 
77° 22' 18" W, excluding the marked New 
River Inlet Channel; 

(c) New River: 

(i) Trap's Bay, northeast of a line beginning at a 
point on the east shore 34° 33' 47" N - 77° 
20' 25" W; running 317° (M) to a point on 
the west shore 34° 34' 07" N - 77° 20' 59" 
W; 

(ii) Courthouse Bay: 

(A) Tributary of Courthouse Bay, southeast of 
a line beginning at a point on Harvey's 
Point 34° 34' 59" N - 77° 22' 25" W; 
running 066° (M) to a point on the east 
shore 34° 35' 05" N - 77° 22' 11" W; 

(B) Tributaiy of Courthouse Bay, northwest of 
a line beginning at a point on the west 
shore 34° 35' 02" N - 77° 22' 40" W; 
running 057° (M) to a point on the east 
shore 34° 35' 10" N - 77° 22' 31" W; 

(C) Rufus Creek, east of a line beginning at a 
point on Wilken's Bluff 34° 34' 19" N - 
77° 21' 41" W; running 002° (M) to a 
point on the north shore 34° 34' 27" N - 
77° 21' 41" W; 

(iii) Wheeler Creek, south of a line beginning at a 
point on Poverty Point 34° 34' 04" N - 77° 
23' 15" W; running 267° (M) to a point on 
the west shore 34° 34' 03" N -- 77° 23' 26" 
W; 

(iv) Fannie Creek, west of a line beginning at a 
point on the south shore 34° 34' 07" N - 77° 
23' 35" W; running 333° (M) to a point on 
the north shore 34° 34' 08" N -- 77° 23' 40" 
W; 

(v) Snead's Creek, northwest of a line beginning 
at a point on the east shore 34° 35' 19" N -- 
77° 23' 31" W; running 219° (M) to a point 
on the west shore 34° 35' 17" N -- 77° 23' 
34" W; 

(vi) Everette Creek, south of a line beginning at a 
point on the east shore 34° 34' 13" N -- 77° 
24' 44" W; running 273° (M) to a point on 
the west shore 34° 34' 12" N - 77° 24' 49" 
W; 

(vii) Stone's Creek, southwest of a line beginning at 
a point on the southeast shore 34° 36' 34" N 
- 77° 26' 51" W; running 301° (M) to a point 
on the northwest shore 34° 36' 37" N -- 77° 
26' 52" W; 

(viii) Muddy Creek, north of a line beginning at a 
point on the west shore 34° 36' 52" N -- 77° 
26' 38" W; running 087° (M) to a point on 



10:14 



NORTH CAROUNA REGISTER 



October 16, 1995 



1363 



PROPOSED RULES 



the east shore 34° 36' 52" N - 77° 26' 37" 
W; 

(ix) Mill Creek, north of a line beginning at a 
point on the west shore 34° 37' 11" N -- 77° 
25' 47" W; r unnin g 109° (M) to a point on 
the east shore 34° 37' U" N -- 77° 25' 37" 
W; 

(x) Whitehurst Creek, west and south of a line 
beginning at a point on the south shore 34° 38' 
04" N - 77° 22' 37" W; running 280° (M) to 
a point on the north shore 34° 38' 04" N — 
77° 22' 38" W; 

(xi) Town Creek, west of a line beginning at a 
point on the south shore 34° 39' 34" N -- 77° 
23' 06" W; running 007° (M) to a point on 
the north shore 34° 39' 37" N -- 77° 23' 06" 
W; 

(xii) Lewis Creek, southwest of a line beginning at 
a fxjint on the southeast shore 34° 40' 56" N 
- 77° 24' 56" W; running 301° (M) to a point 
on the northwest shore 34° 40' 55" N -- 77° 
24' 58" W; 

(xiii) Northeast Creek, east of a line beginning at a 
point on the south shore 34° 43' 23" N -- 77° 
23' 35" W; running 316° (M) to a point at the 
mouth of Scale's Creek 34° 43' 46" N -- 77° 
24' 06" W; 

(xiv) Southwest Creek, southwest of a line begin- 
ning at a point on the east shore 34° 41' 30" 
N -- 77° 25' 20" W; running 328° (M) to a 
point on the north shore 34° 41' 50" N -- 77° 
25' 40" W; 

(xv) Upper New River, north of a line beginning at 
a point on Mumford Point 34° 43' 15" N -- 
77° 25' 00" W; running 271° (M) through 
Beacon No. 53 to a point on the west shore 
34° 43' 14" N - 77° 25' 49" W; 
(d) Chadwick Bay, all waters between a line begin- 
ning at a point on Roses Point 34° 32' 12" N — 
77° 22' 19" W; running 075° (M) to Marker 
No. 6 and the IWW: 

(i) Fullard Creek (including Charles Creek), 
northwest of a line beginning at a point on the 
south shore 34° 32' 03" N - 77° 22' 41" W; 
running 326° (M) to a point on the north shore 
34° 32' 12" N - 77° 22' 50" W; 

(ii) Bump's Creek, north of a line beginning at a 

point on the west shore 34° 32' 19" N - 77° 

22' 29" W; running 035° (M) to a point on 

the east shore 34° 32' 28" N ~ 77° 22' 23" 

W. 

(14) Stump Sound Area: Stump Sound, all waters 

north and south of IWW from Beacon No. 15 34° 

31' 03" N - 77° 22' 17" W; to Marker No. 78 

34° 25' 23" N - 77° 34' 12" W; except 100 feet 

of either side of the IWW from Beacon No. 49 at 

Morris Landing to Marker No. 78 at the mouth of 



Beckys Creek and except the dredged canals at 
Old Settler's Beach and the dredged channel from 
the IWW north of Marker No. 57 to the Old 
Settler's Beach Canals. 

(15) Topsail Sound Area: 

(a) Virginia Creek, all waters northwest of a line 
beginning on the southwest shore at a pwint near 
the mouth 34° 24' 48" N - 77° 35' 38" W; 
ninning 056° (M) 700 yards to a point 34° 25' 
02" N - 77° 35' 19" W; thence running 074° 
(M) 1900 yards and intersecting the nursery area 
line at Becky's Creek at a point 34° 25' 24" N 

- 77° 34' 16" W, with the exception of the 
natural channel as marked by the North Carolina 
Division of Marine Fisheries; 

(b) Old Topsail Creek, all waters northwest of a line 
beginning at a point on the southwest shore 34° 
21' 33" N - 77° 40' 37" W; running 065° (M) 
to a pomt on the northeast shore 34° 21' 43" N 

- 77° 40' 14" W, with the exception of the 
dredged channel as marked by the North Caro- 
lina Division of Marine Fisheries; 

(c) Topsail Sound, all waters enclosed within a line 
starting at beacon "BC" 34° 24' 35" N ~ 77° 
35' 43" W; running 174° (M) to a point 34° 23' 
58" N - 77° 35' 33" W; running 235° (M) to 
a point 34° 21' 14" N - 77° 39' 18" W; run- 
ning 300° (M) to Maiicer No. 16 34° 21' 32" N 

- 77° 40' 15" W; running 056° (M) back to 
point of origin; 

(d) Mallard Bay Area, all waters northwest of the 
rWW from Beacon No. 93 34° 23' 54" N ~ 77° 
36' 43" W; to Beacon No. 96 34° 22' 34" N - 
77° 38' 48" W. 

(16) Middle Sound Area: 

(a) Howard Channel and Long Point Channel area, 
all waters southeast of the IWW from Beacon 
No. 98 34° 21' 33" N - 77° 40' 32" W to a 
point on the north side of the Figure 8 Island 
Marina Channel 34° 16' 28" N - 77° 45' 35" 
W [with the exception of Howard Channel from 
the IWW to New Topsail Inlet, Green Channel 
from Marker No. 105 to Rich's Inlet, Butler's 
Creek (Utley's Channel) from the IWW, north 
of Marker No. 112, to Nixon's Channel, and 
Nixon's Channel from IWW to Rich's Inlet; 
Tributaries to above named channels will remain 
closed.]; 

(b) Futch Creek, northwest of a line begiiming at a 
point on the north shore of Porter's Neck 34° 
18' 00" N - 77° 44' 33" W; running 064° (M) 
to a point on Baldeagle Point 34° 18' 09" N - 
77° 44' 22" W; 

(c) Page's Creek, northwest of a line beginning at a 
point on the north shore 34° 16' 46" N - 77° 
46' 42" W; running 229° (M) to a point on the 
south shore 34° 16' 38" N - 77° 46' 51" W; 



1364 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



PROPOSED RULES 



) 



(d) All waters bound on the north by the Figure 
Eight Island Causeway, on the east by Mason's 
Channel, on the south by Mason's Inlet Channel 
and on the west by the Intracoastal Waterway, 
with the exception of Mason's Channel. 

(17) Greenville Sound Area: 

(a) Shell Island area, all waters east of the IWW 
from Maiker No. 123 34° 14' 52" N -- 77° 47' 
00" W to a point on the north shore of Old 
Moore Inlet Channel 34° 13' 56" N -- 77° 47' 
48" W; 

(b) Howe Creek (Moore's Creek), northwest of a 
line beginning at a point on the south shore 34° 
14' 42" N - 77° 47' 26" W; running 030° (M) 
to a point on the north shore 34° 14' 53" N — 
77° 47' 13" W; 

(c) Bradley Creek, west of Highway 17, 74 and 76 
bridge; 

(d) Wrightsville Beach area, all waters in an area 
enclosed by a line beginning at a point across 
the IWW from the mouth of Bradley Creek 34° 
12' 21" N - 77° 49' 08" W, running 091° (M) 
to a point (near the Borrow Pit) 34° 12' 22" N 

- 77° 48' 32" W. running 144° (M) to a point 
34° 11' 56" N - 77° 48' 19" W, running 224° 
(M) to a point 34° 11' 20" N - 77° 49' 05" W; 
running 306° (M) to a point 34° 11' 30" N - 
77° 49' 31" W; running 024° (M) back to point 
of origin. 

(18) Masonboro Sound Area: 

(a) Masonboro—Myrtle Grove Sound area (west 
side)— all waters west northwest of the IWW 
beginning at a point at the mouth of Bradley 
Creek 34° 12' 23" N -- 77° 49' 14" W; to 
Beacon No. 161 34° 03' 32" N - 77° 53' 22" 
W; 

(b) Masonboro-Myrtle Grove Sound area (east side) 

- all waters south and southeast of a line begin- 
ning at a [K)int on the north end of Masonboro 
Island 34° 11' 06" N - 77° 48' 51" W; running 
301° (M) to a point near IWW Marker No. 129 
34° 11' 22" N - 77° 49' 36" W; thence running 
along the east side of the IWW to Marker No. 
161 34° 03' 32" N - 77° 53' 22" W; (with the 
exception of Old Masonboro Channel and Caro- 
lina Beach Inlet Channel). 

(19) Cape Fear River Area: 

(a) Cape Fear River, all waters north of a line 
beginning at a point on the east shore 34° 10' 
25" N - 77° 57' 03" W; running 275° (M) 
through Beacon No. 53 to a point on the west 
shore 34° 10' 25" N - 77° 57' 46" W with the 
exception of the maintained channel, and all 
waters north of a line beginning at a point on the 
east shore 34° 04' 38" N ~ 77° 55' 28" W; 
running 275° (M) through Beacon No. 37 to a 
point on the west shore 34° 04' 38" N - 77° 



(b) 

(c) 
(d) 



(e) 



(0 



(g) 



(h) 



(') 



(20) 
(a) 



56' 31" W, with the exception of 300 yards east 
and west of the main shipping channel up to 
Beacon No. 53 (mouth of Brunswick River); 
The Basin (Ft. Fisher area), east of a line begin- 
ning at a point on the north shore 33° 57' 17" N 
- 77° 56' 08" W; running 156° (M) to a point 
on the south shore 33° 57' 04" N - 77° 56' 07" 
W; 

Walden Creek, northwest of county road No. 
1528 bridge; 
Baldhead Island Creeks: 
(i) Baldhead Creek, southeast of a line beginning 
at a point on the south shore 33° 51' 42" N - 
77° 59' 10" W; running 070° (M) to a point 
on the north shore 33° 52' 07" N ~ 77° 59' 
06" W; 
(ii) Cape Creek, southeast of a line beginning at a 
point on the south shore 33° 51' 39" N ~ 77° 
58' 28" W; running 026° (M) to a point on 
the north shore 33° 52' 05" N - 77° 58' 23" 
W; 
(iii) Bluff Island Creek (East Beach Creek), south 
of a line beginning at a f>oint on the west shore 
33° 52' 39" N - 77° 58' 11" W; running 
092° (M) to a point on the east shore 33° 52' 
40" N - 77° 58' 07" W; 
(iv) Deep Creek, south of a line from a point on 
the southwest shore 33° 52' 42" N - 77° 58' 
05" W; running 046° (M) to a point on the 
northeast shore 33° 52' 46" N ~ 77° 58' 01" 
W; 
Dutchman Creek, north of a line beginning at a 
point on the east shore 33° 55' 07" N - 78° 02' 
39" W; running 294° (M) to a point on the west 
shore 33° 55' 08" N ~ 78° 02' 44" W; 
Denis Creek, west of a line beginning at a point 
on the south shore 33° 55' 00" N - 78° 03' 32" 
W; running 006° (M) to a point on the north 
shore 33° 55' 02" N - 78° 03' 32" W; 
Piney Point Creek, west of a line beginning at a 
point on the south shore 33° 54' 32" N ~ 78° 
03' 32" W; running 007° (M) to a point on the 
north shore 33° 54' 37" N - 78° 03' 31" W; 
Molasses, Coward and Smokehouse Creeks, all 
waters boimd by the IWW and the Elizabeth 
River on the north and east, the Oak Island 
Coast Guard canal on the east, Oak Island on the 
south and the CP and L Discharge canal on the 
west; 

Oak Island area, all waters north and south of 
the IWW from Marker No. 9 33° 55' 12" N - 
78° 03' 49" W; to Beacon No. 18 33° 55' 45" 
N ~ 78° 10' 17" W. 
Lockwoods Folly Inlet Area: 
Davis Creek and Davis Canal, east of a line 
beginning at a point on the north shore 33° 55' 
13" N - 78° 10' 43" W; running 198° (M) to 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1365 



PROPOSED RULES 



a point on the south shore 33° 54' 59" N -- 78° 
10' 43" W; 
(b) Lockwoods Folly River, north of a line begin- 
ning at a point on the east shore 33° 56' 35" N 
- 78° 12' 47" W; pinning 268° (M) to a point 
on the west shore 33° 56' 34" N -- 78° 13' 24" 
W; 
Spring Creek (Galloway Flats area), all waters 
northwest of a line beginning at a point on the 
south shore 33° 55' 31" N - 78° 13' 48" W; 
running 040° (M) to a f>olnt on the north shore 
33° 55' 41" N -- 78° 13' 42" W. 

(21) Shallotte Inlet Area: 

(a) Shallotte River, north of a line beginning at a 
point on Bill Holden's Landing 33° 55' 52" N -- 
78° 22' 07" W; running 024° (M) to a point on 
Gibbins Point 33° 56' 20" N -- 78° 21' 54" W; 

(b) Shallotte River, excluding Gibbs Creek, north of 
a line beginning at Long Point 33° 54' 20" N - 
78° 21' 42" W; running 312° (M) to a point on 
Sage Island 33° 54' 37" N - 78° 22' 06" W; 
east of a line beginning at Sage Island running 
026° (M) to a point 33° 55' 06" N - 78° 22' 
09" W, and south of a line beginning at the 
previous point running 081° (M) to a point on 
the shore 33° 55' 18" N - 78° 21' 35" W; 

(c) Shallotte Creek (Little Shallotte River), east of 
a line beginning at a point on Shell Landing 33° 
55' 44" N - 78° 21' 40" W; running 159° (M) 
to a point on Boone's Neck Point 33° 55' 35" N 
--78° 21' 34" W; 

(d) Saucepan Creek, northwest of a line beginning 
at a point on the east shore (mouth of Old Mill 
Creek) 33° 54' 56" N - 78° 23' 28" W; run- 
ning 182° (M) to a i>olnt on the west shore 33° 
54' 41" N - 78° 23' 28" W; 

(e) Old Channel area, all waters south of the IWW 
from Beacon No. 83 33° 54' 16" N - 78° 23' 
17" W; to Ocean Isle Beach bridge 33° 53' 44" 
N - 78° 26' 22" W; except the dredged finger 
canals at Ocean Isle Beach located on the south 
side of the IWW between the Ocean Isle Beach 
Bridge and IWW Marker No. 90. 

(22) Little River Inlet Area: 

(a) Cause Landing area, all waters north of the 
IWW from Beacon No. 90 33° 53' 53" N - 78° 
25' 37" W to the South Carolina line; 

(b) Eastern Channel Area: 

(i) Needhamhole Creek, north of a line beginning 
at a f)olnt on the east shore 33° 53' 19" N — 
78° 26' 48" W; running 274° (M) to a point 
on the west shore 33° 53' 19" N - 78° 26' 
51" W; 

(ii) Springbranch Creek, north of a line beginning 
at a point on the east shore 33° 53' 14" N - 
78° 27' 17" W; running 250° (M) to a point 
on the west shore 33° 53' 13" N - 78° 27' 



21" W; 

(iii) Goldmine Creek, north of a line beginning at 
a point on the east shore 33° 53' 13" N ~ 78° 
27' 33" W; running 260° (M) to a point on 
the west shore 33° 53' 13" N ~ 78° 27' 36" 
W; 

(iv) Clam Creek, north of a line beginning at a 
point on the east shore 33° 53' 12" N - 78° 
27' 55" W; running 219° (M) to a point on 
the west shore 33° 53' 10" N - 78° 27' 55" 
W; 

(v) Sol's Creek, all waters north of a line begin- 
ning at a point on the east shore 33° 53' 02" 
N - 78° 28' 08" W; r unnin g 224° (M) to a 
point on the west shore 33° 53' 00" N - 78° 
28' 12" W; and all waters south of a line 
beginning at a point on the east shore of Sol's 
Creek 33° 53' 22" N - 78° 28' 10" W; 
running 252° (M) to a point on the west shore 
33° 53' 21" N -78° 28' 14" W; 

(vi) Horseford Creek, north of a line beginning at 
a point on the east shore 33° 52' 53" N ~ 78° 
28' 24" W; running 279° (M) to a point on 
the west shore 33° 52' 53" N ~ 78° 28' 29" 
W; 

(vii) Still Creek, all waters north of a line begin- 
ning at a point on the east shore, 33° 52' 53" 
N - 78° 28' 44" W; running 254° (M) to a 
point on the west shore 33° 52' 51" N ~ 78° 
28' 48" W; and all waters south of a line 
beginning at a point on the east shore of Still 
Creek, 33° 53' 15" N - 78° 29' 02" W; 
running 270° (M) to a point on the west shore 
33° 53' 15" N - 78° 29' 05" W; 

(viii) Cooter Creek, north of a line beginning at a 
point on the east shore 33° 52' 52" N ~ 78° 
29' 46" W; running 288° (M) to a point on 
the west shore 33° 52' 53" N - 78° 29' 49" 
W; 

(c) The Big Narrows Area: 

(i) Big Teague Creek, west of a line beginning at 
a point on the south shore 33° 52' 46" N — 
78° 29' 59" W; running 343° (M) to a point 
on the north shore 33° 52' 47" N ~ 78° 30' 
01" W; 

(II) Little Teague Creek, west of a line beginning 
at a point on the south shore 33° 52' 54" N — 
78° 30' 09" W; running 306° (M) to a point 
on the north shore 33° 52' 54" N - 78° 30' 
10" W; 

(III) Big Norge Creek, south of a line beginning at 
a point on the west shore 33° 52' 50" N — 
78° 30' 39" W; r unnin g 076° (M) to a point 
on the east shore 33° 52' 51" N - 78° 30' 
36" W; 

(d) Mad Inlet area, all waters south of the IWW 
from the Sunset Beach bridge 33° 52' 52" N - 



1366 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



PROPOSED RULES 



(e) 



78° 30' 42" W to the South Carolina line with 
the exception of Bonaparte Creek; 
Calabash River, east of state road No. 1164 
bridge. 



Statutory Authority G.S. 113-134; 113-182; 143B-289.4. 

.0004 PERMANENT SECONDARY NURSERY 
AREAS 

The permanent secondary nursery areas referenced in 15A 
NCAC 3N .0005(a) and (c) are delineated in the following 
coastal water areas: 

(1) In the Pamlico Sound Area: 

(a) Long Shoal River - north of a line beginning at 
a point on Pains Point 35° 35' 07" N - 75° 51' 
25" W, running 282° (M) to a point on the west 
shore at the 5th Avenue Canal 35° 35' 12" N - 
75° 53' 16" W; 

(b) Pains Bay - east of a line beginning at a point on 
the south shore 35° 34' 28" N - 75° 50' 58" W, 
running 350° (M) to a point on the north shore 
35° 35' 04" N -75° 51' 12" W; 

(c) Wysocking Bay - north and west of a line begin- 
ning at Benson Point 35° 22' 58" N - 76° 03' 
39" W, running 058° (M) to Long Point 35° 24' 
37" N -76° or 19" W; 

(d) Junijjer Bay-Cunning Harbor - north of a line 
beginning at a point on the west shore of Juniper 
Bay 35° 20' 34 33" N - 76° 15' 28" W, run- 
ning 105° (M) through Junip e r Bay Point to a 
point 35I20:18:N;761I3:20:W thence to 
a point on the east shore of Cunning Harbor 35° 
20' 15" N - 76° 12' 23" W; 

(e) Swanquarter Bay - north of a line beginning at 
a point at The Narrows 35° 20' 54 55" N - 76° 
20' i% 39" W, r unnin g 080° (M) to a point on 
the east shore 35° 21' W 36" N - 76° 18' 33 
23" W; 

(f) Deep Cove-The Narrows - north and east of a 
line beginning at a jwint on the west shore 35° 
20' 54" N - 76° 23' *3 54" W, running 122° 
(M) to a point on the east shore 35° 20' 34 33" 
N - 76° 22' #7 55" W, and west of a line at The 
Narrows beginning at a point on the north shore 
35° 20' 54 42 " N - 76° 20' 38 35" W, running 
175° (M) to a point on the south shore 35° 20' 
44 55" N - 76° 20' 35 39" W; 

(g) Rose Bay - north of a line beginning at a point 
on the west shore 35° 23' 17" N - 76° 26' 10" 
W, running 144° (M) to a point on Judith Island 
35° 22' 29" N - 76° 25' 15" W; 

(h) Spencer Bay - west and north of a line beginning 
at a point on Willow Point 35° 22' 22" N - 76° 
27' 52" W, running 065° (M) to a point 35° 23' 
17" N - 76° 26' 10" W; 

(i) Able Bay - north and east of a line beginning at 
a point on the west shore 35° 23' 36 39" N - 



76° 31' 00 03" W, running 130° (M) to a point 
on the east shore 35° 23' 00" N - 76° 29' 47 
44" W; 
(j) Mouse Harbor - west of a line beginning at a 
point on the south shore 35° 17' 43 12" N - 76° 
28' 50 53" W, running 352° (M) to a point on 
the north shore 35° 18' 49 23" N - 76° 29' 06 
03" W; 
(k) Big Porpoise Bay - west of a line beginning at a 
point on the south shore 35° 14' 57" N - 76° 
28' 50" W, running 042° (M) to a point on the 
north shore 35° 15' 41" N - 76° 28' 12" W; 
(1) Middle Bay - west of a line beginning at a point 
on the south shore 35° 13' 33 31" N - 76° 29' 
36" W, running 022° (M) to a point on the 
north shore 35° 14' 45 48" N - 76° 29' 44 12" 
W; 
(m) Jones Bay - west of a line beginning at a point 
on Boar Point 35° 12' 33 19" N - 76° 31' 16" 
W, running 011° (M) to a point on Mink Trap 
Point 35° 13' 37 30" N - 76° 31' 08" W; 
(n) In the Bay River Area: 

(i) Bonner Bay - south of a line beginning at a 
point on the west shore 35° 09' 36" N - 76° 
36' 44 15" W, ninning 074° (M) to a point on 
the east shore 35° 09' 57" N - 76° 35' 44 12" 
W; 
(ii) Gales Creek-Bear Creek (tributaries of Bay 
River) - north and west of a line beginning at 
a point on Sanders Point 35° 11' 17" N - 76° 
35' 54" W, running 067° (M) through Beacon 
No. 27 to a point on the east shore 35° 11' 
54" N - 76° 34' 17" W; 
(2) In the Pamlico River Area: 

(a) (In the Pungo River Area): Fortescue Creek, 
east of a line beginning at a ptoint on the north 
shore 35° 25' 55" N - 76° 31' 58" W; running 
195° (M) to a point on the south shore 35° 25' 
36" N -76° 32' 01" W; 

(b) North Creek - north of a line beginning at a 
point on the west shore 35° 25' 24" N - 76° 40' 
04 06" W, running 430 114° (M) through 
Marker No. 4 to a pwint on the east shore 35° 
25' 46 18" N - 76° 40 39' 4« 39" W; 

(c) In the Goose Creek area: 

(i) Campbell Creek - west of a line beginning at 
a point on the south shore 35° 17' 00" N - 
76° 37' 06" W, running 349° (M) to a point 
on the west shore 35° 17' 19" N - 76° 37' 
08" W; 

(ii) Eastham Creek - east of a line beginning at a 
point on the south shore 35° 17' 36" N - 76° 
36' 24" W, running 327° (M) to a point on 
the north shore 35° 17' 44" N - 76° 36' 30" 
W; 

(d) Oyster Creek -Middle Prong - southwest of a line 
beginning at a point on Cedar Island 35° 19' 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1367 



PROPOSED RULES 



(3) 
(a) 



(b) 



(c) 



(d) 



(e) 



28" N - 76° 32' 14" W, running 135° (M) to a 
point on Beard Island Point 35° 19' 10" N - 76° 
31' 44" W; 
In the Neuse River Area: 
Lower Broad Creek - northwest of a line begin- 
ning at a fxjint on the northeast shore 35° 05' 
47" N - 76° 35' 25" W, running 228° (M) to a 
point on the southwest shore 35° 05' 34" N - 
76° 35' 43" W; 

Greens Creek - abov e Highway 130 8 Bridg e 
north of a line beginning at a point on the west 
shore of Greens Creek 35° 01' 20" N - 76° 42' 
10" W; running 055° (\f) to a point on the east 
shore 35° 01' 30" N -76° 41' 59" W: 
Dawson Creek - abov e Highway 1303 Bridge 
north of a line beginning at a point on the west 
shore 34° 59' 35" N - 76° 45' 28" W; running 
120° (M) to a point on the east shore 34° 59' 
34" N - 76° 45' 25" W;; 
Clubfoot Creek - south of a line beginning at a 
point on the east shore 34° 54' 29" N - 76° 45' 
26" W, running 284° (M) to a point on the west 
shore 34° 54' 33" N - 76° 45' 43" W; 
(In the Adams Creek Area) Cedar Creek - east 
of a Line beginning at a point on the south shore 
34° 55' 52" N - 76° 38' 49" W, r unnin g 004° 
(M) to a point on the north shore 34° 56' 05" N 
- 76° 38' 48" W; 
Virginia Creek - all waters of the natural channel 
northwest of the primary nursery area line; 
Old Topsail Creek - all waters of the dredged 
channel northwest of the primary nursery area 
line; 

Mill Creek - all waters west of a line beginning at 
a point on the south shore 34° 24' 17" N - 77° 
42' 15" W, running 028° (M) to a point on the 
north shore 34° 20' 36" N - 77° 42' 06" W; 
Pages Creek - all waters west of a line beginning 
at a point on the south shore 34° 15' 52" N - 77° 
46' 18" W, running 044° (M) to a point on the 
north shore 34° 16' 09" N - 77° 46' 01" W; 
Bradley Creek - all waters west of a line begin- 
ning on the south shore 34° 12' 23" N - 77° 49' 
14" W, running 021° (M) to a point on the north 
shore 34° 12' 38" N - 77° 49' 09" W; 
Davis Creek, all waters east of a line beginning at 
a point on Oak Island 33° 54' 51" N - 78° 12' 
49" W, running 010° (M) to a point on Horse 
Island 33° 54' 57" N - 78° 12' 49" W and Davis 
Canal, all waters southeast of a line beginning at 
a jX)int on a spoil island at the southwest intersec- 
tion of the ICWW and Davis Canal 33° 55' 23" N 
- 78° 11' 39" W, running 060° (M) across the 
mouth of Davis Canal to a jx)int on Fanner Point 
33° 55' 26" N -78° 11' 38" W. 



Statutory Authority G.S. 113-134; 113-182; 143B-289.4. 



(4) 
(5) 

(6) 
(7) 
(8) 
(9) 



(a) 



.0005 SPECIAL SECONDARY NfURSERY AREAS 

The special secondary nursery areas referenced in 15A 
NCAC 3N .0005 (b) and (c) are delineated in the following 
coastal water areas: 
(1) In the Pamlico River Area, Pamlico River, west 
of a line beginning at a pwint on Mauls Point 35° 
26' 56" N - 76° 55' 33" W; running 073° (M) to 
a pomt on Ragged Point 35° 27' 33" N - 76° 54' 
21" W: 
Pungo River: 
(i) Pungo Creek, west of a line beginning at a 
point on Persimmon Tree Point 35° 31' 06" N 

- 76° 37' 49" W; running 241° (M) to a point 
on Windmill Point 35° 30' 48" N - 76° 38' 
18" W; 

(ii) Pungo River, north of a line beginning at a 
point on the east shore 35° 32' 05" N - 76° 
28' 09" W; running 277° (M) through Beacon 
No. 21 to a point on the west shore 35° 32' 
12" N - 76° 29' 15" W; 

(iii) Scranton Creek, south and east of a line begin- 
ning at a point on the west shore 35° 30' 3? 
43" N - 76° 28' 36 43" W; running 085° (M) 
to a point on the east shore 35° 30' 39 41 " N 

- 76° 28' « 23" W; 
(iv) Slade Creek, east of a Line beginning at a point 

on the south shore 35° 27' 39" N - 76° 32' 
46" W; running 328° (M) to a point on the 
north shore 35° 27' 52" N - 76° 33' 00" W; 
South Creek, west of a line beginning at a point 
on Hickory Point 35° 21' 44" N - 76° 41' 37" 
W; running 195° (M) to a point on Fork Point 
35° 20' 44" N - 76° 41' 48" W; 
Bond Creek/Muddy Creek, south of a line 
beginning at a point on Fork Point 35° 20' 44" 
N - 76° 41' 48" W; running 135° (M) to a point 
on Gum Point 35° 20' 32" N - 76° 41' 30" W; 
In the Neuse River Area: 
Goose Creek, north and east of a line beginning 
at a point on the south shore 35° 02' 08" N - 
76° 56' 02" W; running 331° (M) to a point on 
the north shore 35° 02' 37" N - 76° 56' 27" W; 
Upper Broad Creek, northeast of a line begin- 
ning at a point on the north shore 35° 03' 26" N 
- 76° 57' 14" W; r unnin g 153° (M) to a point 
on the south shore 35° 02' 56" N - 76° 56' 49" 
W; 
(3) In the West Bay Area: 

(a) West Thorofare Bay - south of a line beginning 
at a point on the west shore 34° 57' 22" N - 76° 
24' 03" W, running 090° (M) through FL R 
"lOWB" to a point on the east shore 34° 57' 
28" N - 76° 23' 06" W; 

(b) Long Bay-Ditch Bay - west of a line beginning 
at a point 34° 57' 52" N - 76° 26' 37" W, 
running southwest 226° (M) to a p)oint 34° 57' 
13" N - 76° 27' 13" W, thence south of a line 



(b) 



(c) 



(2) 
(a) 



(b) 



1368 



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October 16, 1995 



10:14 



PROPOSED RULES 



> 



(c) 



(4) 
(a) 



(b) 



(c) 



(d) 



(e) 



(5) 
(a) 



(b) 

(6) 

(7) 
(8) 



(9) 



running southeast 134° (M) to a point 34° 56' 
46" N - 76° 26' 26" W; 

Turaagain Bay - south of a line beginning at a 
point on the west shore at 34° 59' 23" N - 76° 
30' 11"; thence running 084° (M) to a point on 
the east shore at 34° 59' 33" N - 76° 29' 23" 
W; 
In the Core Sound Area: 
Cedar Island Bay - northwest of a line begiiming 
at a point near the telephone tower 34° 57' 49" 
N - 76° 16' 58" W, running 049° (M) to a point 
at the gun club or "clubhouse" dock 34° 58' 43" 
N - 76° 16' 00" W; 

Thorofare Bay-Barry Bay - northwest of a line 
beginning at a point on Hall Point 34° 54' 25" 
N - 76° 19' 09" W, running 046° (M) to a point 
at Rumley Hammock 34° 55' 27" N - 76° 18' 
13" W; 

Nelson Bay - northwest of a line beginning at a 
point on the west shore of Nelson Bay 34° 51' 
08" N - 76° 24' 36" W, and running 062° (M) 
through Beacon No. 1 in Nelson Bay to a point 
on Drum Point 34° 51' 36" N - 76° 23' 48" W; 
Brett Bay - all waters north of a line beginning 
at Piney Point 34° 49' 32" N - 76° 25' 06" W; 
running 258° (M) to a point on the west shore 
34° 49' 23" N - 76° 26' 02" W; 
Jarrett Bay - north of a line beginning at a point 
east of Davis Island 34° 45' 46" N - 76° 28' 
45" W, and running 266° (M) to a |X)int on the 
west shore (site of Old Chimney) 34° 45' 31" N 
- 76° 30' 04" W; 
In the North River area: 
North River - north of a line beginning at a 
pxiint on the west shore at the oyster house 34° 
46' 28" N - 76° 37' 07" W, running 096° (M) 
to a point on the east shore 34° 46' 30" N - 76° 
35' 47" W; 

Ward Creek - east of a line beginning on the 
north shore 34° 46' 13" N - 76° 34' 58" W, 
running 182° (M) to a point on the south shore 
^ 34° 45' 34" N - 76° 35' 00" W; 
Newjxjrt River - west of a line begiiming at Penn 
Point at 34° 45' 44" N - 76° 43' 35" W; thence 
running 022° (M) to a point on the north shore at 
34° 46' 47" N - 76° 43' 15" W; 
New River upstream of the N.C. Highway 172 
Bridge; 

Intracoastal Waterway - all waters in the Intra- 
coastal Waterway maintained channel from 
Marker No. 17 north of Alligator Bay to Marker 
No. 49 at Morris Landing and all waters in the 
Intracoastal Waterway maintained channel and 100 
feet on either side from Marker No. 49 to the 
N.C. Highway 50-210 Bridge at Surf City; 
Cape Fear River - beginning at a point on the 
south side of the Spoil Island at the intersection of 



the ICWW and the Cape Fear River ship channel 
34° or 37" N - 77° 56' 05" W, running 106° 
(M) to a point on the east shore of the Cape Fear 
River 34° 01' 32" N - 77° 55' 00" W, running 
south and bounded by the shoreline to a point near 
the Ferry Slip at Federal Point 33° 57' 52" N - 
77° 56' 28" W, running 353° (M) north to a point 
on Bird Island 33° 58' 24" N - 77° 56' 36" W. 
running 013° (M) back to point of origin; 

(10) Lockwood Folly River - beginning at a point on 
Howells Point 33° 55' 21" N - 78° 12' 47" W 
and running in a westerly direction along the 
ICWW to a point near ICWW Maricer No. 46 33° 
55' 18" N - 78° 13' 54" W; 

(11) Saucepan Creek - all waters north of a line begin- 
ning at a point on the west shore 33° 54' 36" N - 
78° 22' 54" W, running 062° (M) to a point on 
the east shore 33° 54' 38" N - 78° 22' 49" W. 

Statutory Authority G.S. 113-134; 113-182; 143B-289.4. 

.0007 DESIGNATED POT AREAS 

(a) As referenced in 15A NCAC 3J .0301, it is unlawful 
to use pots north and east of the Highway 58 Bridge at 
Emerald Isle to Rattan Point at the mouth of Neuse River 
and north and east of Willow Point near Rose Bay from 
May 1 through October 31, except in areas described below: 

(1) In Albemarle Sound and tributaries. 

(2) In Roanoke Sound and tributaries. 

(3) In Croatan Sound and tributaries. 

(4) In Pamlico Sound and tributaries, except the 
following areas and areas further described in 
Paragraphs (5), (6), and (7) of this Rule: 

(A) In Wysocking Bay: 

(i) Bound by a line beginning at a point on 
the south shore of Lone Tree Creek 35° 
25' 05" N - 76° 02' 05" W running 239° 
(M) 1000 yards to a point 35° 24' 46" N 

- 76° 02' 32" W; thence 336° (M) 2200 
yards to a point 35° 25' 42" N - 76° 03' 
16" W; thence 062° (M) 750 yards to a 
point on shore 35° 25' 54" N - 76° 02' 
54" W; thence following the shoreline and 
the Lone Tree Creek primary nursery area 
line to the beginning point; 

(ii) Bound by a line beginning at a jwint on 
the south shore of Mt. Pleasant Bay 35° 
23' 07" N - 76° 04' 12" W running 083° 
(M) 1200 yards to a point 35° 23' 17" N 

- 76° 03' 32" W; thence 023° (M) 2400 
yards to a point 35° 24' 27" N - 76° 03' 
12" W; thence 299° (M) 1100 yards to a 
point on shore 35° 24' 38" N - 76° 04' 
48" W; thence following the shoreline and 
the Browns Island and Mt. Pleasant Bay 
primary nurseiy area line to the beginning 
point; except pots may be set no more than 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1369 



PROPOSED RULES 



50 yards from the shoreline. 

(B) In Juniper Bay bound by a line beginning at a 
point on Junijjer Bay Point 35° 20' 18" N - 
76° 13' 22" W running 275° (M) 2300 yards 
to a point 35° 20' 15" N - 76° 14' 45" W; 
thence 007° (M) 2100 yards to Daymarker 
No. 3; thence 040° (M) 1100 yards to a point 
on shore 35° 21' 45" N - 76° 14' 24" W; 
thence following the shoreline and the Buck 
Creek and the Laurel Creek primary nursery 
area line to the beginning jx)int. 

(C) In Swanquarter Bay, bound by a line beginning 
at a point on the north shore of Caffee Bay 
35° 21' 57" N - 76° 17' 44" W; running 191° 
(M) 800 yards to a point on the south shore 
35° 21' 35" N - 76° 17' 45" W; thence fol- 
lowing the shoreline to a point on shore 35° 
21' 37" N - 76° 18' 22" W; thence running 
247° CM) 1300 yards to a point 35° 21' 17" N 

- 76° 19' 03" W; thence 340° (M) 1350 yards 
to a point 35° 21' 51" N - 76° 19' 27" W; 
thence 081° (M) 1150 yards to a point on the 
north shore 35° 22' 02" N - 76° 18' 48" W; 
thence following the shoreline and the primary 
nursery area line to the beginning point. 

(D) In Deep Cove east of a line beginning at a 
point on the south shore 35° 20' 33" N - 76° 
22' 57" W, running 021° (M) 1800 yards to a 
point on the north shore 35° 21' 55" N - 76° 
22' 43" W and west of a line beginning at a 
point on the south shore 35° 20' 44" N - 76° 
22' 05" W running 003° (M) 1400 yards to a 
point on the north shore 35° 21' 26" N - 76° 
22' 11" W. 

(E) Off Striking Bay bound by a line beginning at 
a point on the west shore of Striking Bay 35° 
23' 20" N - 76° 26' 59" W running 190° (M) 
1900 yands to a point 35° 22' 23" N - 76° 27' 
00" W; thence 097° (M) 900 yards to Beacon 
No. 2; thence 127° (M) 1600 yards to a point 
35° 21' 55" N - 76° 25' 43" W; thence fol- 
lowing the shoreline to a pomt 35° 22' 30" N 

- 76° 25' 14" W; thence 322° (M) 2200 yards 
to a point 35° 23' 17" N - 76° 26' 10" W; 
thence following the shoreline to a f>oint 35° 
23' 19" N - 76° 26' 24" W; thence 335° (M) 
900 yards to a point 35° 23' 40" N - 76° 26' 
43" W; thence 059° (M) 500 yards to a point 
35° 23' 30" N - 76° 26' 58" W; thence fol- 
lowing the shoreline to the beginning p>oint. 

(F) In Rose Bay bound by a line beginning at a 
point southwest of Swan Point 35° 23' 56" N 

- 76° 23' 39" W running 288° (M) 1500 yards 
to a point on shore 35° 24' 03" N - 76° 24' 
33" W; thence 162° (M) 1650 yards to a point 
35° 23' 19" N - 76° 24' 04" W; thence 084° 
(M) 1350 yards to a point on shore 35° 23' 



29" N - 76° 23' 17" W; thence foUowing the 
shoreline to the beginning point. 
(G) In Spencer Bay bound by a line beginning at a 
point on shore at Willow Point 35° 22' 26" N 

- 76° 28' 00" W running 059° (M) 1700 yards 
to a point 35° 22' 57" N - 76° 27' 13" W; 
thence 317° (M) 1500 yards to a point 35° 23' 
25" N - 76° 27' 57" W; thence 243° (M) 
1300 yards to a point on shore 35° 23' 02" N 

- 76° 28' 35" W; thence following the shore- 
line and the unnamed primary nursery area 
line to the beginning point. 

(5) In the Point of Marsh Area: 

(A) (S) In that area boimd by a line begiiming on 
the north side of Rattan Bay at a point on the 
shoreline 35° 03' 45" N - 76° 28' 32" W; 
thence running 316° (M) 600 yards offshore to 
a point 35° 03' 54" N - 76° 28' 52" W; 
thence running parallel with the shoreline 600 
yards offshore to a point 35° 04' 09" N - 76° 
26' 44" W; thence 239° (M) 600 yards to a 
point on shore 35° 04' 57" N - 76° 27' 00" 
W. 

(B) {©©) In West Bay - North Bay area: 

(i) In that area bound by a line beginning at a 
point 35° 02' 32" N - 76° 22' 27" W; 
thence southwest 220° (M) to Marker No. 
5 WB; thence southeast 161° (M) to a 
point in West Bay 35° 00' 34" N - 76° 
21' 50" W; thence southwest 184° (M) to 
Deep Bend Point 34° 58' 36" N - 76° 21' 
48" W; thence following the shoreline of 
West Bay and North Bay to a point 35° 
02' 09" N - 76° 21' 53" W; thence 317° 
(M) to the beginning point, 
(ii) In West Bay boimd by a line beginning at 
a point on shore 35° 03' 34" N - 76° 26' 
24" W, running 033° (M) 100 yards to a 
point 35° 03' 38" N - 76° 26' 23" W; 
thence parallel to the shoreline no more 
than 100 yards from shore to a pwlnt 35° 
00' 06" N - 76° 25' 24" W, r unnin g 278° 
(M) to a point on shore 35° 00' 06" N - 
76° 25' 28" W. 
(Lii) In West Bay bound by a line beginning at 
a point 35° 00' 06" N - 76° 25' 28" W, 
running 098° (M) 500 yards to a point 35° 
00' 06" N - 76° 25' 12" W; thence 171° 
(M) 2800 yards to a point 34° 58' 45" N 
- 76° 24' 42" W; thence 270° (M) 1400 
yards to a point on shore 34° 58' 39" N - 
76° 25' 22" W. 

(C) (EE) In West Thorofare Bay and Merkle Bay 
south and southeast of a line beginning at a 
point in West Bay at Tump Point 34° 58' 42" 
N - 76° 22' 49" W; thence southwest 258° 
(M) to Marker Fl R15 ft. 3M 8 WB; thence 



1370 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



PROPOSED RULES 



southwest 203° (M) to Long Bay Point 34° 
57' 52" N - 76° 24' 12" W. 
£D1 (FF) In Long Bay: 

(i) In that area bound by a line beginning at a 

point on the south side of Stump Bay in 

Long Bay 34° 57' 13" N - 76° 27' 12" 

W; running northeast 077° (M) across 

Stuny Bay to a point 34° 57' 39" N - 76° 

25' 51" W; thence 032° (M) to a point 

34° 58' 39" N - 76° 25' 22" W, following 

the shoreline to the beginning jx)int. 

(ii) Southwest of a line beginning on the west 

shore 34° 57' 13" N - 76° 27' 12" W, 

running 134° (M) to a point on the east 

shore at Swimming Point 34° 56' 46" N - 

76° 26' 26" W. 

(iii) In the area bound by a line beginning at a 

point on shore at Swimming Point 34° 56' 

46" N - 76° 26' 26" W, ninning 314° (M) 

300 yards to a point 34° 56' 52" N - 76° 

26' 33" W; thence parallel to the shoreline 

no more than 300 yards from shore to a 

point 34° 58' 03" N - 76° 24' 10" W; 

thence 203° (M) to Long Bay Point 34° 

57' 52" N - 76° 24' 12" W. 

(E) (GG) Raccoon Island, on the northeast shore 

between a point on the northwest shore 35° 

04' 27" N - 76° 26' 16" W and a point on the 

southwest shore 35° 04' 00" N - 76° 25' 33" 

W from the shoreline no more than 150 yards 

from shore; on the south and west shores, no 

more than 50 yards from the shoreline. 

£6} ^ Core Sound, Back Sound and the Straits and 

their tributaries. 
£71 (9) North River: 

(A) In that area bound by a line beginning at a 
point on the shore on the east side of North 
River south of Goose Bay 34° 43' 35" N - 76° 
34' 55" W; thence running 252° (M) to a 
point in the river 34° 43' 28" N - 76° 35' 14" 
W; thence running 355° (M) to a jwint in the 
river 34° 45' 20" N - 76° 35' 45" W; thence 
running 060° (M) to a point in the river 34° 
45' 45" N - 76° 35' 04" W; thence running 
165° (M) to a point on the shore at the mouth 
of South Leopard Creek 34° 45' 36" N - 76° 
34' 59" W; thence with the shoreline to the 
point of beginning. 

(B) In that area bound by a line beginning at a 
point on the west side of North River near 
Steep Point 34° 43' 40" N - 76° 37' 20" W; 
thence running 040° (M) to a pomt 34° 44' 
35" N - 76° 36' 36" W; thence running 291° 
M 300 yards to a point 34° 44' 37" N - 76° 
36' 45" W; thence running 219° (M) to a 
point 34° 44' 13" N - 76° 37' 05" W; thence 
running 307° (M) to a point 34° 44' 16" N - 



76° 37' 12" W; thence ninning 018° (M) to a 
point 34° 45' 20" N - 76° 36' 56" W follow- 
ing the shoreline to the beginning point. 

(C) In that area of the North River marshes bound 
by a line beginning at Red Flasher No. "6" 
running 038° (M) along the southeast side of 
Steep Point Channel through Red Day Marker 
No. "8" to a point 34° 44' 08" N - 76° 36' 
52" W; thence 125° (M) to a point 34° 43' 
48" N - 76° 36' 08" W; thence 144° (M) to a 
point 34° 43' 30" N - 76° 35' 47" W; thence 
188° (M) to a point 34° 42' 23" N - 76° 35' 
47" W; thence 221° (M) to Red Rasher No. 
"56"; thence 278° (M) to a point 34° 42' 14" 
N - 76° 36' 43" W; thence 346° (M) to a 
point 34° 42' 45" N - 76° 36' 58" W; thence 
008° (M) to a point 34° 43' 14" N - 76° 36' 
58" W; thence 318° (M) to the beginning 
jx)int. 

(D) In the area north of a line beginning on the 
east shore at 34° 46' 11" N - 76° 35' 13" W; 
thence running 270° (M) to a poLat on the 
west shore at 34° 46' 11" N - 76° 37' 01" W. 

£8} (4«) Newport River: 

(A) In that area east and south of a line beginning 
at a point on the south shore 34° 45' 30" N - 
76° 43' 10" W; thence running 026° (M) to a 
point on the north shore Newjxjrt River near 
Oyster Creek; thence following the shoreline 
to a point on the west bank of Core Creek at 
34° 47' 05" N - 76° 41' 14" W; thence run- 
ning 099° (M) through Marker "21" to a point 
on the east shore at 34° 47' 05" N - 76° 41' 
10" W; thence following the shoreline south- 
ward to Gallant Point at 34° 44' 00" N - 76° 
40' 19" W; thence running 271° (M) to 
Marker "2" at 34° 43' 58" N - 76° 40' 32" 
W; thence running 148° (M) to a point at 34° 
43' 42" N - 76° 40' 05" W; thence running 
182° (M) to a point at 34° 43' 21" N - 76° 
40' U" W at the Beaufort Causeway; thence 
running west with U.S. Highway 70 and the 
shoreline as the southern border to the point of 
beginning. 

(B) In that area north and east of a line beginning 
at Penn Point 34° 45' 44" N - 76° 43' 35" W; 
thence running 022° (M) to a point on the 
north shore 34° 46' 47" N - 76° 43' 15" W 
near White Rock. In that oroa bound by a lino 
b e ginning at a point on th e ohoro on th e south 
oid e of RuoooU'o Cr ee k 3r '15' 3 8 " N 76° 
39' W W running 27 8 ° (M) 1000 yards to 
Quick Floahor Beacon No. 29 in the Intra 
ooaotol Waterway; theno e nmning 173° (M) 
4-700-yai48-with-the-9beftl-te-ft-peiat-34^-44i 
37" N — 76° 4 0' 06" W; thonoo 195° (M) 
1050 yards to a point on Gallant Point 3 4 ° 44 ' 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1371 



PROPOSED RULES 



06" N 76° 10' 11" Wi thonoo ooat and north 
with the ohorolino to th e beginning point. 
(€) — In th e mouth of Horlowe Cr ee tc north of a lin e 
be ginning at a point noof White Rook 3 4 ° 4 6' 
28" N 76° 4 3' 3 8 " W, winning 8 9° (M) to 
a point 31° 16' 33" N 76° 12' 16" W. 
(9) fl4^ Bogue Sound: 

(A) In that area bound by a line beginning at a 
point 34° 43 40' 46 33" N - 76 77° 49 00' 34 
48 " W on the south shore of Bogue Sound at 
Archer Point (locally known ao MoGinnia 
Point) r unnin g 008 014° (M) to Channel 
Marker No. 37 at 34° 41' 15" N - 77° 00' 
43" W and in the east by the a point in Bogu e 
Sound 31° 13' 12" N 76° 49' 21" W th e no e 
funning 099° (M) to Atlantic Beach Bridge 
3 4 ° 4 3' 8 " N 7 6 ° 41' 12" W; thono e 119° 
(M) to a point on the ohoro at Tar Landing 
Bay 31° 12' 30" M — 76° 13' 13" W; th e no e 
191° (M) to a point on Bogue Banks 3 4 ° 4 2' 

00" N 76° 4 2' 15" W; thenoe with the 

ohor e lLn e to th e b e ginning point . 

(B) In that area north of the Intracoastal Waterway 
beginning at the Atlantic Beach Bridge and 
running parallel with the Intracoastal Water- 
way to the Highway 58 Bridge to Chann e l 
Mark e r (B e aoon) No. 39 at Bogue (Guthri e 
Point) . 

{G) — In that aroa on the north side of the Intra 
ooaatol Watep i vay from the Old F e rr)' Chann e l 
to th e Highway 5 8 bridg e . 
(10) f4-3) West and south of the Highway 58 Bridge 
at Emerald Isle from May 1 through October 3 1 
in areas and during such times as the Fisheries 
Director shall designate by proclamation, 
(b) It is unlawful to use pots from May 1 through October 
31 in the areas described in Subparagraphs (b) (1) through 
(6 4) of this Rule except in accordance with 15A NCAC 3J 
.0301(a)(2)(B): 

(1) In Wy socking Bay: 

(A) Bound by a line begiiming at a point on the 
south shore of Lone Tree Creek 35° 25' 05" 
N - 76° 02' 05" W running 239° (M) 1000 
yards to a point 35° 24' 46" N - 76° 02' 32" 
W; thence 336° (M) 2200 yards to a point 35° 
25' 42" N - 76° 03' 16" W; thence 062° (M) 
750 yards to a point on shore 35° 25' 54" N 
- 76° 02' 54" W; thence following the shore- 
line and the Lone Tree Creek primary nursery 
area line to the begiiming point; 

(B) Bound by a line beginning at a point on the 
south shore of Mt. Pleasant Bay 35° 23' 07" 
N - 76° 04' 12" W running 083° (M) 1200 
yards to a point 35° 23' 17" N - 76° 03' 32" 
W; thence 023° (M) 2400 yanis to a point 35° 
24' 35" N - 76° 04' 00" W; thence 299° (M) 
1100 yards to point on shore 35° 24' 38" N - 



76° 04' 48" W; thence foUowing the shoreline 
and the Browns Island and Mt. Pleasant Bay 
primary nursery area line to the beginning 
point; except pots may be set no more than 50 
yards from the shoreline; 

(2) In Juniper Bay boimd by a line beginning at a 
point on Juniper Bay Point 35° 20' 18" N - 76° 
13' 22" W running 275° (M) 2300 yards to a 
point 35° 20' 15" N - 76° 14' 45" W; thence 
007° (M) 2100 yards to Daymarker No. 3; 
thence 040° (M) 1100 yards to a point on shore 
35° 21' 45" N - 76° 14' 24" W; thence follow- 
ing the shoreline and the Buck Creek primary 
nursery area line to the begiiming (xiint; 

(3) In Rose Bay bound by a line begiiming at a pwint 
southwest of Swan Point 35° 23' 56" N - 76° 
23' 39" W running 288° (M) 1500 yards to a 
point 35° 24' 03" N - 76° 24' 33" W; thence 
162° (M) 1650 yards to a point 35° 23' 19" N 

- 76° 24' 04" W; thence 084° (M) 1350 yards 
to a point on shore 35° 23' 29" N - 76° 23' 17" 
W; thence following the shoreline to the begin- 
ning fx)int; 

(4) In Spencer Bay bound by a line beginning at a 
point on shore at Willow Point 35° 22' 26" N - 
76° 28' 00" W running 059° (M) 1700 yards to 
a point 35° 22' 57" N - 76° 27' 13" W; thence 
317° (M) 1500 yards to a point 35° 23' 25" N 

- 76° 27' 57" W; thence 243° (M) 1300 yards 
to a point on shore 35° 23' 02" N - 76° 28' 35" 
W; thence following the shoreline to the begin- 
ning point; 

£c} As referenced in 15A NCAC 3J .0301(a)(3). it is 

unlawful to use pots north of Rattan Point at the mouth of 

Neuse River to Willow Point near Rose Bay from June 15 

through September 30. except in areas described below: 

(1) In Pamlico Sound, except in the following areas: 

(A) (H) In Big Porpoise Bay boimd by a line 
beginning at a point on shore 35° 15' 58" N - 
76° 29' 10" W running 182° (M) 750 yards to 
Sage Point 35° 15' 36" N - 76° 29' 06" W; 
thence 116° (M) 850 yards to a point 35° 15' 
28" N - 76° 28' 36" W; thence 023° (M) 700 
yards to a point on shore 35° 15' 48" N - 76° 
28' 30" W; thence following the shoreline to 
the beginning p>oint. 

(B) ^ In Middle Bay bound by a line begiiming at 
Middle Bay Point 35° 14' 53" N - 76° 28' 
41" W; running 210° (M) 3650 yards to Sow 
Island Point 35° 13' 09" N - 76° 29' 28" W; 
thence following the shoreline of Middle Bay 
to Big Fishing Point 35° 14' 05" N - 76° 29' 
52" W; thence 008° (M) 1100 yards to a point 
on the north shore 35° 14' 31" N - 76° 29' 
52" W; thence following the shoreline to the 
fxjint of beginning. 

(C) ^ In Jones Bay boimd by a line beginning at 



1372 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



PROPOSED RULES 



a point on Sow Island Point 35° 13' 09" N - 
76° 29' 28" W running 204° (M) 2600 yards 
to Green Flasher No. 5; thence 322° (M) 2450 
yards to a point 35° 12' 48" N - 76° 30' 58" 
W; thence 217° (M) 1200 yards to a point on 
shore 35° 12' 20" N - 76° 31' 16" W; thence 
284° (M) 740 yards to a point on shore 35° 
12' 26" N - 76° 31' 46" W; thence following 
the shoreline to a point 35° 12' 36" N - 76° 
32' 01" W; thence 051° (M) 600 yards to a 
point 35° 12' 52" N - 76° 31' 45" W; thence 
parallel with the shoreline no more than 600 
yards from shore to a jxjint 35° 13' 11" N - 
76° 32' 07" W; thence 038° (M) to a point 
600 yards from the north shore 35° 13' 39" N 
- 76° 31' 54" W; thence parallel with the 
shoreline no more than 600 yards from shore 
to a point 35° 13' 09" N - 76° 30' 48" W; 
thence 009° (M) 600 yards to a point on shore 
35° 13' 26" N - 76° 30' 47" W; thence fol- 
lowing the shoreline to the beginning point. 
(D") (K) In an area bound by a line beginning at 
Boar Point 35° 12' 07" N - 76° 31' 04" W 
running 106° (M) 2000 yards to Green Flasher 
No. 5; thence 200° (M) 2200 yards to a point 
35° 10' 56" N - 76° 30' 10" W; thence 282° 
(M) 2350 yards to Bay Point 35° 11' 02" N - 
76° 31' 35" W; thence following the shoreline 
to the beginning point. 
(2) (5) In Pamlico River west of a line from a point 
on Pamlico Point 35° 18' 42" N - 76° 28' 58" 
W running 009° (M) through Daymarker No. 1 
and Willow Point Shoal Beacon to a {>oint on 
Willow Point 35° 22' 23" N - 76° 28' 48" W 
{XJts may be used in the following areas: 

(A) In that area bound by a line beginning at a 
point on the line fix)m Pamlico Point to Willow 
Point 35° 19' 24" N - 76° 28' 56" W running 
westerly parallel to the shoreline at a distance 
of no more than 1000 yards to Green Flasher 
No. 1 at the mouth of Goose Creek; thence 
248° (M) parallel to the ICWW to a point off 
Fulfoiti Point 35° 19' 59" N - 76° 36' 41" W; 
thence 171° (M) to a point on Fulford Point 
35° 19' 41" N -76° 36' 34" W. 

(B) All coastal waters and tributaries of Oyster 
Creek, James Creek, Middle Prong and Clark 
Creek. 

(C) All coastal waters of Goose Creek: 

(i) In that area bound by a line beginning at a 
point on Reed Hammock 35° 20' 24" N - 
76° 36' 51" W running 171° (M) 300 
yards to a point 35° 20' 16" N - 76° 36' 
48" W; thence parallel with the shoreline 
no more than 300 yards from shore to a 
point 35° 20' 09" N - 76° 37' 10" W; 
thence 302° (M) 300 yards to a point on 



shore 35° 20' 13" N - 76° 37' 19" W. 

(ii) In that area bound by a line beginning at a 
point on shore 35° 19' 58" N - 76° 37' 
33" W; running 291° (M) 300 yards to a 
point 35° 19' 57" N - 76° 37' 21" W; 
thence parallel to the shoreline no more 
than 300 yards from shore to a point 35° 
18' 16" N - 76° 37' 16" W; thence 292° 
(M) to a point on the north shore of Snode 
Creek 35° 18' 15" N - 76° 37' 27" W. 

(iii) In that area bound by a line beginning at a 
point at the mouth of Goose Creek 35° 19' 
59" N - 76° 36' 41" W; running 348° (M) 
to Green Daymarker No. 5; thence south 
parallel to the shoreline no more than 300 
yards from shore to a point 35° 18' 12" N 
- 76° 37' 07" W; thence 112° (M) to 
Store Point 35° 18' 09" N - 76° 36' 57" 
W. 

(iv) Between the line from Store Point to 
Snode Creek and a line beginning at a 
point on Long Neck Point running 264° 
(M) through Beacon No. 15 to Huskie 
Point from the shoreline to no more than 
150 yards from shore. 

(v) All coastal waters southeast of the line 
from Long Neck Point through Beacon 
No. 15 to Huskie Point. 

(vi) Campbell Creek - west of a line from a 
point on Huskie Point 35° 17' 00" N - 
76° 37' 06" W running 004° (M) to Pas- 
ture Point 35° 17' 20" N - 76° 37' 08" 
W, to the Inland-Commercial line. 

(D) All coastal waters bound by a line beginning 
on Reed Hammock 35° 20' 24" N -76° 36' 
51" W running 171° (M) to a point 35° 20' 
16" N - 76° 36' 47" W; thence 100° (M) 800 
yards to Red Daymarker No. 4; thence 322° 
(M) 1200 yanis to a point 35° 20' 40" N - 76° 
36' 48" W; thence westerly parallel to the 
shoreline at a distance of 300 yards to a point 
in Bond Creek 35° 20' 40" N - 76° 41' 37" 
W; thence 199° (M) to a point on the south 
shore of Muddy Creek 35° 20' 18" N - 76° 
41' 34" W, including all waters of Muddy 
Creek up to the Inland-Coastal boundary line. 

(E) Along the west shore of Bond Creek from 
Fork Point to the Coastal-Inland boundary line 
from the shoreline to no more than 50 yards 
from shore. 

(F) All coastal waters of South Creek upstream of 
a line beginning at a point on Fork Point 35° 
20' 45" N - 76° 41' 47" W running 017° (M) 
to a point on Hickory Point 35° 21' 44" N - 
76° 41' 36" W. 

(G) In that area bound by a line beginning at a 
point at the six foot depth contour south of 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1373 



PROPOSED RULES 



Hickory Point 35° 21' 33" N - 76° 41' 39" 
W; thence easterly following the six foot depth 
contour to a jxjint off the east end of Indian 
Island 35° 21' 42" N - 76° 38' 04" W; thence 
270° (M) to a point on the east end of Indian 
Island 35° 21' 38" N - 76° 38' 36" W; thence 
following the shoreline of Indian Island to a 
point on the west end 35° 21' 37" N - 76° 39' 
40" W; thence 293° (M) toward Daymarker 
No. 1 to a point at the six foot depth contour 
35° 21' 46" N - 76° 40' 16" W; thence fol- 
lowing the six foot depth contour in a westerly 
direction to a point off Long Point 35° 22' 42" 
N - 76° 42' 44" W; thence 233° (M) to a 
point on shore 35° 22' 24" N - 76° 43' 05" 
W. 

(H) Beginning at a point on shore near Long Point 
35° 22' 29" N - 76° 43' 25" W, running 001° 
(M) to a point 300 yards offshore 35° 22' 39" 
N - 76° 43' 26" W; thence westerly parallel to 
the shoreline at a distance of 300 yards to a 
point 35° 22' 39" N - 76° 43' 59" W; thence 
209° (M) to a point on shore 35° 22' 30" N - 
76° 44' 03" W. 

(I) Beginning at a fwint on shore 35° 22' 30" N 

- 76° 44' 27" W, running 355° (M) to a point 
offshore 35° 22' 40" N - 76° 44' 31" W; 
thence westerly parallel to the shoreline at a 
distance of 300 yards to a point 35° 22' 53" N 

- 76° 45' 00" W; thence running 251° (M) to 
a point on shore 35° 22' 46" N - 76° 45' 14" 
W. 

(J) Beginning at a f)oint on shore 35° 22' 54" N 

- 76° 45' 43" W; running 003° (M) to a point 
offshore 35° 23' 03" N - 76° 45' 43" W; 
thence westerly parallel to the shoreline at a 
distance of 300 yards to the Intersection of a 
line beginning on the north shore at Gum Point 
35° 25' 09" N - 76° 45' 33" W; running 210° 
(M) to a point on the south shore 35° 23' 28" 
N - 76° 46' 26" W. 

(K) All coastal waters west of a line beginning on 
the north shore at Gum Point 35° 25' 09" N - 
76° 45' 33" W runmng 210° (M) to a point on 
the south shore 35° 23' 28" N - 76° 46' 26" 
W. 

(L) On the north side of Pamlico River bound by 
a line beginning at the intersection of the line 
fix)m Gum Point to the south shore 500 yards 
from shore 35° 24' 55" N - 76° 45' 39" W 
running easterly parallel to the shoreline at a 
distance of 500 yards to a point at the six foot 
contour near Adams Point 35° 23' 08" N - 
76° 35' 59" W. 

(M) All waters and tributaries of North Creek 
except the marked navigation channel. 

(N) In that area bound by a line beginning at a 



point at the six foot contour near Adams Point 
35° 23' 08" N - 76° 35' 59" W running 
westerly following the six foot depth contour 
to a point off Wades Point 35° 23' 28" N - 
76° 34' 09" W. 
(O) Pungo River: 

(i) Bound by a line beginning at Wades Point 
35° 23' 16" N - 76° 34' 30" W running 
059° (M) to a point at the six foot depth 
contour, 35° 23' 28" N - 76° 34' 09" W; 
thence northerly following the six foot 
depth contour to a p>oLnt near Beacon No. 

3 35° 25' 44" N - 76° 34' 46" W; thence 
272° (M) 950 yards to a point on shore 
35° 25' 41" N -76° 35' 22" W. 

(ii) Bound by a line beginning at a point on 
shore 35° 25' 50" N - 76° 35' 37" W 
running 050° (M) 1150 yards to a point at 
35° 26' 17" N - 76° 35' 10" W; thence 
northerly following the six foot depth 
contour to a point 35° 26' 54" N - 76° 
36' 09" W; thence 314° (M) 350 yards to 
a point on shore 35° 27' 00" N - 76° 36' 
20" W. 

(iii) Bound by a line beginning at a fxjint on 
shore 35° 27' 14" N - 76° 36' 26" W 
running 077° (M) 800 yards to a point 35° 
27' 23" N - 76° 36' 02" W; thence north- 
erly following the six foot depth contour to 
a point off Windmill Point 35° 30' 50" N 
- 76° 38' 09" W; thence 076° (M) to a 
point 200 yards west of Daymarker No. 3 
35° 31' 21" N - 76° 36' 37" W; thence 
312° (M) to a point at the "Breakwater" 
35° 31' 36" N - 76° 37' 05" W. 

(iv) All coastal waters bound by a line begin- 
ning at a point at the "Breakwater" 200 
yards northeast of Beacon No. 6 35° 31' 
47" N - 76° 36' 51" W running 132° (M) 
to a point 200 yards from Daymarker No. 

4 35° 31' 31" N - 76° 36' 21" W; thence 
running 102° (M) to a point 35° 31' 28" 
N - 76° 35' 59" W; thence running 010° 
(M) to Beacon No. 1; thence running 045° 
(M) 700 yards to a point on shore 35° 32' 
22" N - 76° 35' 42" W. 

(v) Ail coastal waters north and east of a line 
beginning at a point on shore west of 
Lower Dowry Creek 35° 32' 25" N - 76° 
35' 07" W running 177° (M) 1950 yards 
to a {wint 200 yards north of Daymarker 
No. 11 35° 31' 31" N - 76° 35' 06" W; 
thence easterly parallel to the marked 
navigation channel at a distance of 200 
yards to a point on the shore northwest of 
Wilkerson Creek 35° 33' 13" N - 76° 27' 
36" W. 



1374 



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October 16, 1995 



10:14 



PROPOSED RULES 



) 



) 



(vi) All coastal waters south of a line begin- 
ning on shore south of Wilkerson Creek 
35° 33' 02" N - 76° 27' 20" W running 
westerly parallel to the marked navigation 
channel at a distance of 200 yards to a 
point southeast of Daymarker No. 14 35° 
31' 05" N - 76° 32' 34" W; thence run- 
ning 208° (M) to a point on shore 35° 30' 
28" N - 76° 32' 47" W. 
(vii) All coastal waters bound by a line begin- 
ning on shore east of Durants Point 35° 
30' 29" N - 76° 33' 25" W running 347° 
(M) to a jjoint southwest of Daymarker 
No. 12 35° 31' 08" N - 76° 33' 53" W; 
thence westerly parallel to the marked 
navigation channel at a distance of 200 
yards to a point south of Beacon No. 10 
35° 31' 08" N - 76° 35' 35" W; thence 
running 185° (M) to a point at the six foot 
depth contour between Beacon No. 8 and 
the eastern shore of Pungo River 35° 30' 
08" N - 76° 35' 28" W; thence following 
the six foot depth contour to a point 35° 
28' 09" N - 76° 33' 43" W; thence 127° 
(M) to a point on shore 35° 28' 00" N - 
76° 33' 25" W; dience 159° (M) to a 
point at the six foot depth contour 35° 27' 
40" N - 76° 33' 12" W including the 
waters of Slades Creek and its tributaries; 
thence 209° (M) to a point on shore 35° 
27' 22" N - 76° 33' 21" W; thence 272° 
(M) to a point at the six foot depth contour 
35° 27' 18" N - 76° 33' 53" W; thence 
southerly following the six foot depth 
contour to a point south of Sandy Point 
35° 26' 35" N - 76° 33' 50" W; thence 
087° (M) to a point on shore 35° 26' 38" 
N - 76° 33' 34" W. 
(viii) In that area bound by a line beginning at a 
point on shore 35° 26' 20" N - 76° 33' 
18" W running 176° (M) to a point at the 
six foot depth contour 35° 26' 05" N - 
76° 33' 13" W; thence southerly following 
the six foot depth contour throughout 
Fortescue Creek to a ]x>int off Fortescue 
Creek 35° 25' 44" N - 76° 32' 09" W; 
thence 145° (M) to a point on shore 35° 
25' 36" N -76° 32' 01" W. 

(ix) In that area bound by a line beginning at a 
point on shore 35° 25' 20" N - 76° 32' 
01" W running 258° (M) to a point at the 
six foot depth contour 35° 25' 17" N - 
76° 32' 18" W; thence following the six 
foot depth contour to the intersection of 
the line from a point 500 yards west of 
Currituck Point 35° 24' 30" N - 76° 32' 
42" W; thence southeasterly fjarallel to the 



shoreline and including Abel Bay at a 

distance of 500 yards to a point at the 

intersection of the line from Pamlico Point 

to Willow Point 35° 22' 09" N - 76° 28' 

48" W. 

(3) (^ In Bay River west of a line beginning at a 

point on Maw Point 35° 09' 02" N - 76° 32' 

09" W running 022° (M) to a point on Bay 

Point 35° 11' 02" N - 76° 31' 34" W, pots may 

be used in the following areas: 

(A) In that area beginning at a f>oint on Maw Point 
35° 09' 02" N - 76° 32' 09" W; running 018° 
(M) to Green Daymarker No. 1; thence 223° 
(M) to a point on shore in Fisherman Bay 35° 
09' 18" N - 76° 32' 23" W. 

(B) In Fisherman Bay bound by a line beginning at 
a point on the shore west of Maw Point 35° 
09' 18" N - 76° 33' 02" W; thence 351° (M) 
3200 yards to lighted Beacon No. 3 in Bay 
River; thence 230° (M) 1200 yards to a point 
on the shore 35° 10' 24" N - 76° 34' 00" W. 

(C) In that area bound by a line beginning at a 
point on the east shore at the mouth of 
Bonners Bay 35° 10' 05" N - 76° 35' 18" W; 
thence 306° (M) 300 yards to a point in Bay 
River, 35° 10' 10" N - 76° 35' 30" W; thence 
parallel to the shoreline no more than 300 
yards from shore to a point in Bay River 35° 
10' 40" N - 76° 34' 42" W; thence 188° (M) 
to a point on shore 35° 10' 27" N - 76° 34' 
42" W. 

(D) In Bonner Bay bound by a line begiiming at a 
point on the east shore 35° 10' 05" N - 76° 
35' 18" W running 306° (M) 200 yards to a 
pomt 35° 10' 09" N - 76° 35' 25" W; thence 
parallel to the shoreline no more than 200 
yards offshore to a point 35° 09' 16" N - 76° 
35' 18" W; thence 097° (M) 200 yards to a 
point on shore 35° 09' 16" N - 76° 35' 13" 
W. 

(E) In Bonner Bay, Spring Creek and Long Creek 
south of a line beginning at a {X)int on the east 
shore 35° 09' 16" N - 76° 35' 13" W running 
274° (M) to a point on the west shore 35° 09' 
14" N - 76° 35' 43" W. 

(F) In Bonner Bay bound by a line beginning at a 
point on the west shore 35° 09' 14" N - 76° 
35' 44" w running 094° (M) 100 yards to a 
point 35° 09' 13" N - 76° 35' 39" W; thence 
parallel to the shoreline no more than 100 
yards offshore to a point in Riggs Creek 35° 
09' 15" N - 76° 36' 08" W; thence 142° (M) 
to a point on shore 35° 09' 13" N - 76° 36' 
08" W. 

(G) In that area bound by a line beginning on the 
south shore of Bay River west of Bell Point 
35° 09' 40" N - 76° 40' 00" W, running 314° 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1375 



PROPOSED RULES 



(M) to a point 200 yards offshore 35° 09' 43" 
N - 76° 40' 06" W; thence no more than 200 
yards from the shoreline to a point 35° 09' 
53" N - 76° 36' 45" W; thence 102° (M) to a 
pomt 35° 09' 50" N - 76° 35' 54" W; thence 
181° (M) to a point 35° 09' 36" N - 76° 35' 
51" W; thence 237° (M) to a point in Riggs 
Creek 35° 09' 18" N - 76° 36' 12" W; thence 
322° (M) to a point on shore at the mouth of 
Riggs Creek 35° 09' 21" N - 76° 36' 18" W. 

(H) In that area on the south side of Bay River 
bound by a line beginning at a f>oint on shore 
at the confluence of Bay River and Trent 
Creek 35° 08' 27" N - 76° 43' 12" W running 
016° (M) 150 yards to a point 35° 08' 31" N 
- 76° 43' 11" W; thence no more than 150 
yards from shore to a jxjint 35° 08' 57" N - 
76° 40' 19" W; thence 116° (M) to a point on 
shore at Moores Creek 35° 08' 57" N - 76° 
40' 14" W. 

(I) In Bay River and Trent Creek west of a line 
beginning at a point on the south shore 35° 08' 
27" N - 76° 43' 12" W running 016° (M) to 
a point on the north shore 35° 08' 41" N - 76° 
43' 09" W. 

(J) In that area on the north shore of Bay River 
bound by a line beginning at a f)oint west of 
Vandemere Creek 35° 10' 53" N - 76° 39' 
42" W running 135° (M) 150 yards to a point 
35° 10' 52" N - 76° 39' 39" W; thence no 
more than 150 yards from shore to a point at 
the confluence of Bay River and Trent Creek 
35° 08' 37" N - 76° 43' 10" W; thence to a 
point on the north shore 35° 08' 39" N - 76° 
43' 09" W. 

(K) In Vandemere Creek northeast of a line begin- 
ning at a pwint on the east shore 35° 11' 04" 
N - 76° 39' 22" W running 315° (M) to a 
point on the west shore 35° 11' 12" N - 76° 
39' 36" W. 

(L) In that area bound by a line beginning at a 
point at the mouth of Vandemere Creek 35° 
ir 04" N -76° 39' 22" W, running 216° (M) 
200 yards to a point in Bay River 35° 10' 58" 
N - 76° 39' 25" W; thence parallel to the 
shoreline no more than 200 yards from shore 
to a point in Bay River northwest of Beacon 
No. 4 35° 10' 40" N - 76° 36' 38" W; thence 
344° (M) 200 yards to a jxiLnt on shore 35° 
10' 45" N - 76° 36' 42" W. 

(M) In that area bound by a line beginning at a 
point on Sanders Point 35° 11' 19" N - 76° 
35' 54" W; running 067° (M) 200 yards to a 
point 35° 11' 23" N - 76° 35' 47" W; thence 
following the shoreline no more than 200 
yards from shore to a jxjint in Bay River 
northwest of Beacon No. 4 35° 10' 40" N - 



76° 36' 38" W; thence 344° (M) 200 yards to 
a point on the shore 35° 10' 45" N - 76° 36' 
42" W. 
(N) In that area begirming at a point on shore 35° 
11' 53" N - 76° 35' 54" W of a line running 
170° (M) to a point 35° 11' 40" N - 76° 35' 
51" W; thence parallel to the shoreline no 
more than 500 yards from shore to a point 35° 
11' 57" N - 76° 35' 05" W; thence running 
344° (M) to a point on shore at the mouth of 
Gales Creek 35° 12' 10" N - 76° 35' 12" W. 
(O) In that area bound by a line beginning at a 
point on shore at the mouth of Gale Creek 35° 
12" 08" N - 76° 34' 52" W, running 278° 
(M) 200 yards to a point in Bay River 35° 12' 
08" N - 76° 35' 02" W; thence running paral- 
lel to the shoreline at a distance of 200 yards 
to a point in Bay River 35° 11' 32" N - 76° 
33' 24" W; thence running 352° (M) 200 
yards to a point on shore at Dump Creek 35° 
ir 39" N -76° 33' 25" W. 
(P) In Gale Creek except the Intracoastal Water- 
way north of a line beginning at a point on the 
west shore 35° 12' 08" N - 76° 35' 12" W 
running 098° (M) to a jxiint on the west shore 
35° 12' 08" N - 76° 34' 52" W. 
(Q) In an area bound by a line beginning at a point 
on the eastern shore at the mouth of Rockhole 
Bay 35° 11' 06" N - 76° 32' 11" W; thence 
180° (M) 600 yards to a point in Bay River 
35° 10' 49" N - 76° 32' 09" W; thence east 
with the five foot curve 1 100 yards to a point 
35° 10' 36" N - 76° 31' 30" W; thence 000° 
(M) 850 yards to a point on Bay Point 35° 11' 
02" N -76° 31' 34" W. 
(4) (7) In the Neuse River and Woat Bay i\rca south 
and west of a line beginning at a point on Maw 
Point 35° 09' 02" N 76° 32' 09" W, runa iBg 
137° (M) through th e Maw Point Shoal Day 
Mafkof No. 2 and thfough the Nouoo Rivof 
Entrance Light to a point at the mouth of West 
Bay 35° 02' 09" N 76° 21' 53" W northeast 
of Rattan Point 35° 03' 45" N - 76° 28' 32" W. 
running 341° (M) to a point on Maw Point 35° 
09: ^ N ; 762 32: 09: W, pots may be set in 
the following areas: 

(A) All coastal fishing waters northwest of a line 
beginning at a pyoint at the mouth of Slocum 
Creek 34° 57' 02" N - 76° 53' 42" W, run- 
ning 029° (M) to a f)oint at the mouth of 
Beards Creek 35° 00' 08" N - 76° 52' 13" W. 
Pots may also be set in coastal fishing waters 
of Goose Bay and Upper Broad Creek. 

(B) In that area bound by a line beginning at a 
pomt on the north shore at Mill Creek 34° 59' 
34" N - 76° 51' 06" W; thence running 223° 
(M) approximately 300 yards into the river to 



1376 



NORTH CAROUNA REGISTER 



October 16, 1995 



10:14 



PROPOSED RULES 



) 



> 



a point 34° 59' 25" N - 76° 51' 14" W; 
thence along the six foot depth curve southeast 
to a point at the rock jetty 34° 58' 06" N - 
76° 49' 14" W; thence 016° (M) approxi- 
mately 300 yards to a point on the shore 34° 
58' 17" N - 76° 49' 12" W. 

(C) In that area bound by a line beginning at a 
point on the north shore approximately 500 
yards west of Pierson Point 34° 58' 32" N - 
76° 46' 38" W; thence running 171° (M) 
approximately 300 yards into the river to a 
point 34° 58' 24" N - 76° 46' 34" W; thence 
east and northeast along the six foot curve to 
a point in the river 34° 58' 47" N - 76° 45' 
39" W; thence 330° (M) approximately 700 
yards to a point on the shore 50 yards west of 
an existing pier 34° 59' 04" N - 76° 45' 54" 
W. 

(D) In that area bound by a line beginning at a 
point on the north shore east of Dawson Creek 
Bridge 34° 59' 34" N - 76° 45' 12" W; 
thence running 244° (M) approximately 500 
yards to Day Marker No. 4 (entrance to 
Dawson Creek Channel); thence running east 
117° (M) to a point 34° 59' 22" N - 76° 45' 
19" W; thence east and northeast along the six 
foot curve to a point 50 yards west of Day 
Marker No. 3 (channel to Oriental) 35° 01' 
02" N - 76° 41' 51" W; thence 303° (M) 
approximately 600 yards to a point on the 
eastern tip of Windmill Point 35° 01' 10" N - 
76° 42' 08" W. 

(E) In Greens Creek (Oriental) west of a line at 
the confluence of Greens and Kershaw Creeks 
beginning at a (Mint on the south shore 35° 01' 
28" N - 76° 42' 55" W running 005° (M) to 
a point on the north shore 35° 01' 38" N - 76° 
42' 54" W, no more than 75 yards from the 
shoreline east of this line to the Highway 55 
bridge. 

(F) In that area bound by a line begiiming at a 
point on Whittaker Point 35° 01' 37" N - 76° 
40' 56" W; thence running 192° (M) approxi- 
mately 500 yards to a point in the river 35° 
01' 23" N - 76° 40' 57" W; thence along the 
six foot depth curve northeast to a point in the 
river off Orchard Creek 35° 03' 18" N - 76° 
37' 53" W; thence 280° (M) approximately 
900 yards to a point on the eastern tip of 
Cockle Point 35° 03' 20" N - 76° 38' 27" W. 

(G) In that area bound by a line beginning at a 
point on the north shore near the mouth of 
Orchard Creek 35° 03' 38" N - 76° 37' 54" 
W running 177° (M) approximately 400 yards 
to a point 35° 03' 27" N - 76° 37' 54" W; 
thence along the six foot depth curve to a pwint 
eastward; thence 174° (M) 600 yards to a 



point on the north shore 35° 03' 56" N - 76° 
36' 42" W. 

(H) In that area bound by a line beginning at a 
point on the north shore approximately 400 
yards south of Gum Thicket Creek 35° 04' 
12" N - 76° 36' U" W; thence running 132° 
(M) approximately 600 yards to a point 35° 
03' 55" N - 76° 35' 48" W; thence along the 
six foot depth curve eastward to a point 35° 
04' 10" N - 76° 34' 37" W; thence 304° (M) 
to a point on the shore 400 yards north of 
Gum Thicket Creek 35° 04' 38" N - 76° 35' 
42" W. 

(I) In Lower Broad Creek west of a line nmning 
188° (M) through Red Day Marker No. 4. 
No more than 150 yards from shore between 
a line running 188° (M) through Red Day 
Marker No. 4 and a line running 228° (M) 
through Green Marker No. 3. Pots may not 
be set in Burton Creek. 

(J) Piney Point Shoal Area, in that area bound by 
a line beginning at a point on the north side of 
a creek Oocally known as Wadin or Persim- 
mon Creek) 35° 07' 17" N - 76° 33' 26" W 
running 115° (M) approximately 300 yards to 
a point near the six foot depth curve 35° 07' 
15" N - 76° 33' 16" W; thence south and 
southeast along the six foot depth curve to a 
point east of the old lighthouse 35° 05' 17" N 
- 76° 32' 42" W; thence 288° (M) through the 
old Ughthouse to a point on shore north of Red 
Day Marker No. 2 at the mouth of Broad 
Creek 35° 05' 42" N - 76° 35' 18" W. 

(K) In that area bound by a line beginning at a 
point on the south shore of Maw Bay 35° 08' 
32" N - 76° 32' 38" W; thence running 114° 
(M) to Maw Point Shoal Day Marker No. 2; 
thence 317° (M) to Maw Point 35° 08' 55" N 
-76° 32' 11" W. 

(L) In that area east of Slocum Creek bound by a 
line beginning at a point 34° 57' 02" N - 76° 
53' 42" W; thence running 029° (M) approxi- 
mately 1100 yards to a point 34° 57' 32" N - 
76° 53' 28" W; thence along the six foot 
curve to a point 34° 56' 34" N - 76° 49' 38" 
W; thence 176° (M) approximately 300 yards 
to a point 34° 56' 26" N - 76° 49' 35" W. 

(M) In that area bound by a line beginning at a 
point 34° 56' 22" N - 76° 49' 05" W, running 
057° (M) approximately 1100 yards to Day 
Marker "2" off Cheny Point; thence 097° (M) 
approximately 200 yards to a point 34° 56' 
42" N - 76° 48' 27" W; thence along the six 
foot curve to a point 34° 55' 10" N - 76° 45' 
40" W; thence 187° (M) approximately 400 
yards to a point on Temple Point 34° 54' 58" 
N - 76° 45' 40" W. 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1377 



PROPOSED RULES 



(N) In that area southeast of a line beginning at a 
point at the mouth of Clubfoot Creek 34° 55' 
20" N - 76° 45' 09" W running 076° (M) to 
a point on shore 34° 55' 37" N - 76° 44' 23" 
W. 

(O) In Clubfoot Creek south of a line beginning at 
a point on the east shore 34° 54' 30" N - 76° 
45' 26" W, running 284° (M) to a point on 
the west shore 34° 54' 33" N - 76° 45' 43" 
W. Pots may be set 50 yards from shore 
north of this line. 

(P) In that area bound by a line beginning at the 
western tip of Great Island 34° 55' 47" N - 
76° 44' 50" W; thence running 275° (M) 
approximately 500 yards to a {Kiint 34° 55' 
46" N - 76° 45' 07" W; thence 029° (M) 
approximately 1400 yards to a point 34° 56' 
24" N - 76° 44' 48" W; thence 120° (M) to a 
point 34° 56' 06" N - 76° 43' 59" W; thence 
232° (M) to a point on Great Island 34° 55' 
50" N - 76° 44' 17" W. 

(Q) In that area bound by a line beginning at a 
point west of Long Creek 34° 55' 38" N - 76° 
44' 18" W running 064° (M) to a point 34° 
55' 57" N - 76° 43' 43" W; thence 138° (M) 
to a point on shore at the mouth of Great Neck 
Creek 34° 55' 50" N - 76° 43' 25" W. 

(R) In that area bound by a line beginning at a 
point at the mouth of Great Neck Creek 34° 
55' 50" N - 76° 43' 25" W, running 318° (M) 
750 yards to a point 34° 56' 04" N - 76° 43' 
47" W; thence following the shoreline no more 
than 750 yards from shore to a point 34° 56' 
50" N - 76° 43' 11" W; thence 116° (M) 750 
yards to a pwint on shore at Courts Creek 34° 
56' 42" N - 76° 42' 46" W. 

(S) In that area bound by a line beginning at a 
point on Courts Creek 34° 56' 42" N - 76° 
42' 46" W, running 296° (M) 1000 yards to a 
point 34° 56' 52" N - 76° 43' 20" W; thence 
{mraUel with the shoreline no more than 1000 
yards to a point 34° 57' 53" N - 76° 41' 59" 
W; thence 190° (M) 1000 yards to a point on 
shore 34° 57' 24" N - 76° 42' 00" W. 

(T) In that area bound by a line beginning at a 
point on shore, 34° 57' 24" N - 76° 42' 00" 
W, running 010° (M) 500 yards to a point 34° 
57' 38" N - 76° 42' 00" W; thence running 
parallel to the shoreline no more than 500 
yards from shore to a point 34° 57' 33" N - 
76° 41' 00" W; thence 179° (M) to a point 
34° 57' 23" N - 76° 40' 58" W; thence 260° 
(M) to a point on shore at the mouth of Adams 
Creek 34° 57' 22" N - 76° 41' 10" W. 

(U) In that area bound by a line begirming at a 
p>oint on the northeast side of Adams Creek 
34° 57' 30" N - 76° 40' 36" W; thence 278° 



(M) 225 yards offshore to a point 34° 57' 30" 
N - 76° 40' 45" W; thence 359° (M) to a 
point off Winthrop Point 34° 58' 26" N - 76° 
40' 56" W; thence running 056° (M) to a 
point off Cedar Point 34° 59' 07" N - 76° 40' 
04" W; thence 140° (M) to the shoreline on 
Cedar Point 34° 58' 50" N - 76° 39' 41" W. 
(V) In that area bound by a line beginning at a 
point on Cedar Point 34° 58' 50" N - 76° 39' 
41" W, running 320° (M) 750 yards to a point 
34° 59' 05" N - 76° 40' 01" W; thence paral- 
lel to the shoreline no more than 750 yards 
from shore to a point 34° 59' 16" N - 76° 39' 
31" W; thence 167° (M) to a point on shore 
34° 58' 56" N -76° 39' 21" W. 
(W) In that area bound by a line beginning at a 
point on shore 34° 58' 56" N - 76° 39' 21" W 
running 347° (M) to a point 34° 59' 03" N - 
76° 39' 24" W; thence parallel to the shoreline 
no more than 200 yards from shore to a point 
34° 59' 08" N - 76° 38' 47" W; thence 184° 
(M) to a point on shore 34° 59' 01" N - 76° 
35' 25" W. 
(X) In that area bound by a line beginning at a 
point west of Garbacon Creek 34° 59' 01" N 
- 76° 38' 43" W, running 004° (M) 750 yards 
to a point 34° 59' 23" N - 76° 38' 46" W; 
thence parallel with the shoreline no more than 
750 yards from shore to a point off Browns 
Creek 35° 00' 20" N - 76° 33' 45" W; thence 
172° (M) to the shoreline on the west side of 
Browns Creek 34° 59' 57" N - 76° 33' 35" 
W. 
(Y) In that area bound by a line beginning at a 
point on shore at the mouth of Browns Creek 
34° 59' 55" N - 76° 33' 29" W, running 352° 
(M) 750 yards to a point on 35° 00' 22" N - 
76° 33' 34" W; thence parallel to the shoreline 
no more than 750 yards from shore to a point 
35° 01' 45" N - 76° 29' 51" W; thence 162° 
(M) 750 yards to a point on shore north of 
Cedar Bay Point 35° 01' 22" N - 76° 29' 34" 
W. 
(Z) ^AA) In Adams Creek: 

(i) Between a line running 080° (M) through 
Red Rasher No. 4 at the mouth of Adams 
Creek and a line beginning at a fwint on 
the south shore of Cedar Creek 34° 55' 
52" N - 76° 38' 49" W, running 297° (M) 
to a pHJtnt on the west shore of Adams 
Creek 34° 56' 03" N - 76° 39' 27" W, no 
more than 200 yards from shore, 
(ii) Between a Line beginning at a point at the 
mouth of Cedar Creek 34° 55' 52" N - 
76° 38' 49" W; running 297° (M) to a 
f>oint on the west shore of Adams Creek 
34° 56' 03" N - 76° 39' 27" W, and a 



1378 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



PROPOSED RULES 



> 



> 



line beginiiing at a point on the east shore 
34° 54' 55" N - 76° 39' 36" W; running 
280° (M) to a point on the west shore 34° 
54' 55" N - 76° 40' 01" W; no more than 
300 yards from the west shore and 200 
yards from the east shore, 
(iii) South of a line beginning at a point on the 
east shore 34° 54' 55" N - 76° 39' 36" 
W, running 280° (M) to a point on the 
west shore 34° 54' 55" N - 76° 40' 01" 
W, except in the marked navigation chan- 
nel. 
(AA) (B^ In South River: 

(i) Southeast of a line beginning at a point on 
the southwest shore 34° 58' 35" N - 76° 
35' 25" W, ninning 049° (M) through Red 
Flasher No. 2 to a jxjint on the northeast 
shore 34° 59' 07" N - 76° 34' 52" W, no 
more than 200 yards from the shoreline, 
(ii) That area bound by a line beginning at a 
point on the southwest shore 34° 58' 35" 
N - 76° 35' 25" W, running 049° (M) to 
Red Flasher No. 2; thence running 207° 
(M) to a fwint north of Hardy Creek 34° 
58' 13" N - 76° 35' 22" W; thence fol- 
lowing the shoreline to the point of begin- 
ning. 
(BE) (€€) In Tumagain Bay: 

(i) Between a line running 077° (M) through 

Green Flasher No. 1 and a line beginning 

at a point on the east shore 34° 59' 04" N 

- 76° 29' 01" W; running 276° (M) to a 

point on the west shore 34° 59' 03" N - 

76° 29' 28" W, no more than 300 yards 

on the east shore and 100 yards on the 

west shore. 

(ii) Between a line beginning at a point on the 

east shore 34° 59' 04" N - 76° 29' 01" 

W, running 276° (M) to a point on the 

west shore 34° 59' 03" N - 76° 29' 28" 

W, and a line beginning at a point on the 

east shore 34° 57' 56" N - 76° 29' 25" 

W, running 275° (M) to a point on the 

west shore 34° 57' 58" N - 76° 29' 44" 

W, no more than 150 yards from shore. 

(5) f43) Designated primary nursery areas in all 

coastal fishing waters which are listed in 15 A 

NCAC 3R .0003, except Burton Creek off 

Lower Broad Creek in Pamlico County. 

(d) It is unlawful to use pots from June 15 through 

September 30 in the areas described in Subparagraphs (1) 

through (2) of this Paragraph except in accordance with 15A 

NCAC 3J .0301(aX3)(B): 

(1) (5) In Bay River, beginning at a point on shore 
at Moore Creek 35° 08' 51" N - 76° 40' 14" 
W; running 296° (M) to a point 35° 08' 59" N 
- 76° 50' 19" W; thence no more than 150 



yards from shore to a point 35° 09' 43" N - 76° 
40' 06" W; thence running 134° (M) to a point 
on shore west of BeU Point 35° 09' 40" N - 76° 
40' 00" W; 
(2) ^ In Neuse River: 

(A) Beginning at a point on shore north of Swan 
Creek 35° 07' 17" N - 76° 33' 26" W running 
115° (M) to a point near the six foot depth 
contour 35° 07' 15" N - 76° 33' 16" W; 
thence running 074° (M) to Beacon No. 2 at 
Maw Point Shoal; thence running 294° (M) to 
a point on shore 35° 08' 30" N - 76° 32' 36" 
W; thence following the shoreline to the begin- 
ning point 35° 07' 17" N - 76° 33' 26" W; 

(B) Beginning at a point on shore north of Gum 
Thicket Creek 36 35° 04' 40" N - 76° 35' 38" 
W; thence running 129° (M) to a point 35° 
04' 12" N - 76° 34' 37" W; thence running 
355° (M) to Beacon No. 1 in Broad Creek; 
thence running the six foot contour line to 
Green Marker No. 3; 

(C) Beginning at a point on the eastern tip of 
Cockle Point 35° 03' 20" N - 76° 38' 27" W; 
thence running 100° (M) to a point 35° 03' 
18" N - 76° 37' 53" W; thence running 005° 
(M) to a point on shore 35° 03' 38" N - 76° 
37' 54" W; thence following the primary 
nursery area line to the beginning point 35° 
03' 20" N - 76° 38' 27" W; 

(D) Beginning at a point on shore on the eastern 
side of the MBYB channel 34° 58' 16" N - 
76° 49' 05" W nuining 186° (M) to a point on 
the six foot depth contour 34° 58' 07" N - 76° 
49' 05" W; thence following the six foot depth 
contour to a point 34° 58' 24" N - 76° 46' 
34" W; thence running 351° (M) to a point on 
shore 34° 58' 32" N - 76° 46' 38" W; 

(E) Beginning at a ix>int on shore at Beards Creek 
35° 00' 08" N - 76° 52' 13" W; thence run- 
ning 209° (M) to a point 34° 59' 52" N - 76° 
52' 20" W; thence nmning along the six foot 
depth contour to a point 34° 59' 25" N - 76° 
51' 14" W; thence running 043° (M) to a 
point on shore at Mill Creek 34° 59' 34" N - 
76° 51' 06" W. 

Statutory Authority G.S. 113-134; 113-182; 113-221; 
143B-289.4. 

.0011 PURSE SEINES PROHIBITED 

(a) It is unlawful to take menhaden or Atlantic thread 
herring by the use of a purse seine from the Atlantic Ocean 
within an area boimded by a line extending from Bald Head 
Lighthouse bearing 242° (M) to Cape Fear River ship 
channel buoy "7", then bearing 320° (M) to the foot of the 
Yaupon Beach Fishing Pier on Oak Island, then following 
the shoreline eastward to a point near Fort Caswell (33° 53' 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1379 



PROPOSED RULES 



13" N - 78° or 11" W), then running 138° (M) to the Bald 
Head Lighthouse. 

(b) It is unlawful to take menhaden or Atlantic thread 
herring by the use of a purse seine from the Atlantic Ocean 
from May 1 through September 30 in that area south of a 
line beginning at a f>oint onshore at the northern boundary 
of Dare County 36° 13' 47" N - 75° 46' 24" W; running 
100° (M) 1.5 nautical miles to a point offshore 36° 13' 47" 
N - 75° 44' 36! Wi thence west of a Une running 165° (M) 
30 nautical miles to a point offshore 36° 46' 20" N ; 75° 
29' 48" W; thence north of a Une running 280° (M) 1.5 
nautical miles to a point on shore at the rock jetty south of 
Oregon Inlet 35° 46' 20" N - 75° 31' 30" W 28" W; and 
north of a lin e b e ginning at a point onohor e at th e northam 
tov . Ti limito of Southern Shoroo 36° 9 ' 03" N 75° 41' 06" 
W; mnning 100° (M) 1.5 nautiool miloo to a point offshoro 
36° 09' 03" N — 75° 4 2' 13" W; and in that oroa south of 
a lin e b e ginning at a point at th e oouth e m limito of Kitt)' 
Hawk 36° 03' '12" N 75° 11' 13" W; running 100° (M) 
1.5 nautical miloo to a point offshoro 36° 03' 4 2" N — 7^ 
39' 21" W; and north of a lino beginning at a point onahofo 
at th e rook j e tt)' aouth of Or e gon Inl e t 35° 16' 20" N — 7^ 
31' 30" W; running 100° 1.5 nautiool miloo to a fwint 
offshoro 35° 4 6' 20" N — 75° 29' 36" W . 

(c) It is unlawful to take menhaden or Atlantic thread 
herring by the use of a purse seine from the Atlantic Ocean 
from October 1 through December 31 in that area south of 
a line beginning at a point onshore at the northern boundary 
of Dare County 36° 13' 47" N - 75° 46' 24" W; running 
100° (M) .5 nautical miles to a point offshore 36° 13' 47" 
N - 75° 45' 45" W; thence west of a Une running 165° (M) 
30 nautical miles to a point offshore 36° MlTQlUz HI 
30' 54" W; thence north of a line running 280° (M) J_ 
nautical miles to a point on shore at the rock jetty south of 
Oregon Inlet 35° 46' 20" N - 75° 31' 30" W and north of 
a lino beginning at a point onohofo at tho northern town 
Umita of Southern Shoroa 36° 09' 03" N 75° 4 3' 30" W; 
running 100° (M) .5 nautioal mileo to a point offshore 36° 
9 ' 03" N 75° 10' 31" W; and in that area oouth of a Ime 
beginning at a point at tho southom limits of Kitt)' Hawk 
36° 03' 4 2" N — 75° 11' 12" W; running 100° (M) .5 
nautiool mil e o to a point offohoro 36° 03' 12" N — 75° 10' 
31" W; and north of a lino b e ginning at a point onohor e at 
tho rock jottj- oouth of Oregon Inlet 35°16'20"N 75°31' 
30" W; running 100° .5 nautical miloe to a point offohoro 
35° 16' 20" >f 75° 30' 19" W . 

Statutory Authority G.S. 113-134; 113-182; 143B-289.4. 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 

CHAPTER 14 - BOARD OF COSMETIC ART 
EXAMINERS 



N 



otice is hereby given in accordance with G.S. 
150B-21.2 that the N.C. State Board of Cosmetic Art 



Examiners intends to amend rules cited as 21 NCAC 141 
.0502; 14N .0107 - .0108, .0112 and repeal 14L .0301 - 
.0302; 14N .0106. 

Proposed Effective Date: January 1, 1996. 

A Public Hearing will be conducted at 10:00 a.m. on 
November 6, 1995 at 1110 Navaho Drive, Suite 500, 
Raleigh, NC 27609. 

Reason for Proposed Action: 

21 NCAC 14J .0502 - To better clarify the requirements for 

people who are licensed in other countries. 

21 NCAC 14L .0301 - .0302 - No legal authority for 

reciprocity with teachers. 

21 NCAC 14N .0106 - The safety of the public. 

21 NCAC 14N .0107 - To eliminate the word "interpreter" 

in the rule. 

21 NCAC I4N .0108 - To give the candidate longer time to 

get a doctor's statement into the office. 

21 NCAC 14N .0112 -To be able to mail a practical grade 

breakdown to the student instead of the student coming into 

the State Board office. 

Comment Procedures: Records shall be open for 30 days 
to receive written comments. Comments should be ad- 
dressed to Dee Williams, NC State Board of Cosmetic Art, 
1110 Navaho Dr., Suite 500, Raleigh, NC 27609. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state fimds. 

SUBCHAPTER 14J - COSMETOLOGY 
CURRICULUM 

SECTION .0500 - CREDIT FOR COSMETOLOGY 
STUDY OUTSIDE OF NORTH CAROLINA 

.0502 APPROVAL OF CREDIT FOR 

COSMETOLOGY INSTRUCTION/ ANOTHER 
COUNTRY 

All approval for credit hours of instruction token in 
anoth e r oountr>' shaU b e r e vi e w e d, approv e d or d e ni e d on a 
oooo by oooo booio . Any person who has been trained in the 
field of cosmetology in a foreign country and desires to be 
licensed must first demonstrate satisfactory proof of profi- 
ciency in the cosmetology skills meeting all the North 
Carolina requirements. Each applicant must take the State 
Board examination in the En glish language. 

Statutory Authority G.S. 88-10; 88-13. 

SUBCHAPTER 14L - COSMETIC ART TEACHERS 

SECTION .0300 - TEACHERS LICENSED IN 
OTHER STATES 



1380 



NORTH CAROUNA REGISTER 



October 16, 1995 



10:14 



PROPOSED RULES 



.0301 APPLICANTS LICENSED AS TEACHERS IN 
OTHER STATES 

i\n individual who io lioonood ao a teaoh e r in another otat e 
may bo liooneod on oithor a oosmotolog)' toaohor or a 
manicurist toachor in thio State without examination if the 
individual makoo upplioation on a form provided by th e 
Board, ohowo to th e oatiofaotion of th e Board that th e 



pmctiood oo s motology in a oogmotic art shop 
for a p e riod e quival e nt to oix montho of full 
tim e work; and 

^ hofl posaod a toacbor'a examination oonsiating of 

a practical s killa demonstration and The National 
Writt e n Coometolog)' Teaohor'o Examinati eR 
giv e n by that stat e 's lic e nsing body- 



individual moeta the roquiromenta of Rule .0303 of this ^e) — An applicant for a license imdor Rule .0301 of thi s 



Section, and hem paid the fee s required in Rule .021'! of thio 

Subchapt e r. The Board will not ioouo a ooom e tology 

teach e r's lio e no e und e r this Rul e to anyon e who hoc fail e d 
the North Carolina cosmetology' teacher's examination 
within the throo years prior to the date of application for 
lioenour e in thio State, or a maniouriot t e acher's lioenoe to 
any on e who has fail e d the North Carolina maniouriot 
teacher's examination within the throe years prior to the date 
of application for licensure in this State, and was subso 
quently liceno e d in anoth e r stat e . 

Statutory Authority G.S. 88-23. 



Section as a maniouriot toachor shall ppooont ovidonoo to the 
Board that the applicant: 



f4^ hao, or hoa appli e d to th e Board for and 



m- 



entitled to, a lioonso as a rogisto f od tnaniourist in 
this State; 
hao e ith e r: 



(A) — practiced manicuring in a cosmetic art shop for 
a period equivalent to five years of full time 
work; or 
(S) — compl e t e d a 330 hour teacher training course 
in maniouring approved by the state that issu e d 
the applicant's teache r 's lieenao and practiced 
manicuring in a cosmetic art shop for a period 
e quival e nt to six montho of full tim e work; and 

(3^ has paoo e d a t e ach e r's e xamination oonoioting of 

a practical skills demonstration and The National 
Written Manicurist Teacher' s Examination given 
by that state's lic e nsing body. 

Statutory Authority G.S. 88-23. 

SUBCHAPTER 14N - EXAMINATIONS 

SECTION .0100 - GENERAL PROVISIONS 

.0106 USE OF AN INTERPRETER 

(a) A candidate whos e nativ e language is not English may 
not the s ubject of a disciplinary prooooding or apply for pormiaaion to bring an interpreter to the oxamina 



.0302 REQUIREMENTS FOR OBTAINING A 

TEACHER'S LICENSE IN THIS SECTION 

(ft) — All applicants for any teacher'a license under Rule 
■0301 of this Section shall present ovidonoo to the Board that 
th e applicant: 

(+) currently holdo a valid teacher's — lioonso in 

another state, issued by the state agency that 
liconsoe teachers in the field of oosmotio art; and 

(3) for a p e riod e quivalent to one year of full tim e 

work within th e thr ee y e ar s prior to th e dat e of 
application for licensure in this state, has worked 
as a teacher in a ooamotic art school in that 
stat e , or any state oth e r than North Carolina 
where they v ^ ' e r e also lic e no e d as a teaoh e r; and 

m — 



(4)- 



an unresolved cotnplaiDt; -aBd 
has a high school diploma or a high school 
graduation e quival e ncy c e rtificat e . 
If the applicant has over boon subjected to discipline by a 
licensing agonoy or had a complaint to a licensing agency 
resolved against th e applicant, th e applicant muot submit to 
th e Board information about th e natur e and d e tails of th e 
complaint and tho action takon by the lioonaing agency. 

(b) An applicant for a license under Rule .0301 of thia 
S e ction ao a cosmetology teach e r shall present evidence to 
th e Board that th e applicant: 

^i) has, or has applied to the Board for and is 

entitled to, a license as a registered co s motolo 
gist in thio Stat e ; 

(3) hao oithor: 

(A) — practiced cosmetology in a cosmetic art s hop 
for a period equivalent to five years of full 
tim e work; or 
(B) — compl e ted an 8 00 hour t e aoh e r training cours e 
in cosmetolog)' approved by the state that 
i s sued tho applicant's teacher's liconoo and 



road, or write 



tion, if tho candidate is imablo to speak, 
English at a tenth grade l e v e l. 

(b) Th e int e rpr e t e r ohall be: 

{¥) 1 8 years old or older, and 

(3^ fluent in both Englioh and tho candidate' o native 

or oth e r langmge. 

(c) An int e rpr e t e r ohall not: 

fH be currently or formerly lioonood by this state or 

any atate, nor have rooeived or is currently 
r e c e iving any training, in any branch of cosm e tio 

(3^ be a current or former owner or employoo -ef 

any beauty ostablishmont ^ 
(3) b e oimultan e oitoly a model for any cundidato 

taking the exomination. - 

(d) The application for permission to use an interpreter 
shall be made on a form provided by the Board. 

Statutory Authority G.S. 88-10(2); 88-12(2); 88-16; 88-17; 
88-21 (a)( 16); 88-23; 88-30(4). 



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.0107 SPECIAL ARRANGEMENTS FOR DISABLED 

(a) If a candidate has a disability which will require 
special arrangements to take an examination, the candidate 
shall request such arrangements ta with his or her initial 
application for examination. The request for special 
arrangements shall be in writing and shall set out in suffi- 
cient detail what special arrangements are needed. The 
Board shall make reasonable accommodations for candidates 
requesting assistance under this Section, including any 
assistance required by applicable provisions of the Federal 
Americans with Disabilities Act. 

(b) If reading assistance or an intorp rotor a reader is 
required, the application for special arrangements shall also 
be accompanied by a letter from the candidate's cosmetic art 
school which documents the assistance the candidate 
required during classes there. If the candidate is unable to 
obtain a letter from a cosmetic art school, then the candidate 
shall submit a letter from a professional qualified to diag- 
nose and document the disability. 

(c) In all other cases, the application for sjjecial arrange- 
ments shall be accompanied by a letter from a professional 
qualified to diagnose and document the disability. 

(d) The candidate shall provide any special equipment or 
intorprotoro readers . An intorprotof A reader shall be 18 
years of age or older older, and moot tho roquiromenta of 21 
NCAC HN .0106(0). 

(e) A reader shall not be: 

(1) currently or formerly licensed by this state or 
any state, nor have received or is currently 
receiving any training, in any branch of cosmetic 
art; 

(2) a current or former owner or employee of any 
beauty establishment; 

(3) simultaneously a model for any candidate taking 
the examination. 

(fj The a pplication for permission to use a reader shall be 
made on a form provided by the Board. 

Statutory Authority G.S. 88-10(2); 88-12(2); 88-16; 88-17; 
88-21(a)(16); 88-23; 88-30(4). 

.0108 FAILURE TO APPEAR FOR EXAMINATION 

(a) If a candidate fails to apjjear for the scheduled 
examination, the examination fee shall not be refunded. 

(b) Notwithstanding Paragraph (a) of this Rule, the 
examination fee may be refunded to a candidate who has 
failed to appear for the examination if verification of good 
cause for failing to appear is mailed to the Board within 
s ovon 15 days of the examination date. 

(c) Determination of "good cause" under this Rule is 
within the Board's discretion. 

(d) "Good cause" includes events beyond the control of 
the candidate that prohibited him or her from attending the 
examination. Examples of good cause are serious personal 
illness or accident, and death or serious illness in the 
immediate family. 

(e) Acceptable verification of good cause is any written 



communication from a person not related to the candidate 
that would tend to support the candidate's stated reason for 
failing to attend the examination. Some examples of 
acceptable verifications would include a statement from an 
attending physician, an official accident repwrt or an 
obituary notice. 

(0 The license fee shall be credited to the candidate's 
account unless candidate notifies the Board in writing that he 
or she does not wish to re-apply. In that case, the license 
fee shall be refunded. 

Statutory Authority G.S. 88-10(2); 88-12(2); 88-16; 88-17; 
88-21; 88-23; 88-30(4). 

.0112 REVIEW OF EXAMINATION 

(a) A candidate who has failed the practical section of an 
examination may upon written request foviow his of hor 
grading ohooto for that o e otion at tho Board'o offio e in 
Ral e igh receive a breakdown of the practical examination 
grades . However, a candidate may not review the theory 
section of an examination. 

(b) A candidate who has passed both sections of an 
examination at any level may not review his or her examina- 
tion papers. 

(c) In order to review the practical section grading sheets 
for his or her examination, a candidate shall file a written 
request with the Board not more than 30 days after the date 
of Dotico of tho oxamination ro e ults was the practical grade 
breakdown was mailed. If the request is received by the 
10th of the month, the review will be the next month. Once 
a request is sent to the Board office, the Board will notify 
the candidate of an app>ointment time and date. The 
candidate shall confirm the time and date at least seven days 
before ap|>ointment time or time may be canceled. 

(d) The review authorized by Paragraph (a) (cl of this 
Rule shall be under the sufwrvision of an authorized repre- 
sentative of the Board. No jjerson shall copy a question or 
answer contained in the examination report or alter an 
examination paj>er in any way. 

Statutory Authority G.S. 88-10(2); 88-12(2); 88-16; 88-17; 
88-21(a)(16); 88-23; 88-30(4); 93B-8. 

CHAPTER 68 - NORTH CAROLINA SUBSTANCE 
ABUSE PROFESSIONAL CERTIFICATION BOARD 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Substance Abuse 
Professionals Certification Board intends to adopt rules cited 
as 21 NCAC 68 .0501 - .0511 and .0601 - .0610. 

Temporary: These Rules were filed as temporary adoptions 
effective October 23, 1995 for a period of 180 days or until 
the permanent rule becomes effective, whichever is sooner. 



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Proposed Effective Date: February 1, 1996. 

A Public Hearing will be conducted at 10:00 am on 
December 15, 1995 at Nick's Cuisine, 2699 Ramada Road, 
Burlington, NC 27216 {See Maitre d' for room designation). 

Reason for Proposed Action: To provide for specific 
ethical guidelines governing conduct of substance abuse 
professionals and to set out the specific grounds for profes- 
sional discipline as well as disciplinary procedures that 
would be utilized to uphold standards in the profession. 

Comment Procedures: Any person may submit comments 
to the Board either orally or in writing at the Public 
Hearing. All other written comments must be received by 
the Board no later than the commencement of the Public 
Hearing. Written comments will be mailed to: Mr. Jim 
Scarborough, North Carolina Substance Abuse Professionals 
Certification Board, PO Box 10126, Raleigh, NC 27605. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. 

SECTION .0100 - RESERVED FOR "GENERAL" 

SECTION .0200 - RESERVED FOR 
"CERTIFICATION" 

SECTION .0300 - RESERVED FOR 
"EXAMINATIONS" 

SECTION .0400 - RESERVED FOR "RENEWAL OF 
CERTIFICATION" 

SECTION .0500 - ETfflCAL PRINCIPLES OF 
CONDUCT 

.0501 PURPOSE AND SCOPE 

(a) The ethical guidelines governing the certified sub- 
stance abuse professional are established to insure that the 
highest standards are followed for the professional practice 
in the alcohol and other drug abuse service delivery system. 

fb) The primary goal of this code is to set forth principles 
to guide the conduct of the substance abuse professional in 
the profession. Violation of these standards may be deemed 
malpractice, gross negligence, incompetence, or engaging in 
conduct that could result in harm or injury to the public. 

(c) Ethical principles shall provide a standard for the 
substance abuse professional in his or her professional roles, 
relationships and responsibilities. The substance abuse 
professional is charged to consider all principles that apply 
to the situation on which ethical judgment is to be exercised 
and to select a course of action consistent with the spirit as 
well as ^t letter of the ethical code. 

(d) Upon approval of certification, each applicant shall 
review the Ethical Standards of the Board and return a 
signed-statement to the Board agreeing to abide by these 



standards. 

Statutory Authority G.S. 90-113.30; 90-113.33; 90-113.39; 
90-113.40. 

.0502 NON-DISCRIMINATION 

The substance abuse professional should not discriminate 
against clients or professionals based on race, religion, age, 
sex, handicaps, national ancestry, sexual orientation or 
economic condition. 

Statutory Authority G.S. 90-113.30; 90-113.33; 90-113.40. 

.0503 COMPETENCE 

The substance abuse professional shall recognize that the 
profession is founded on national standards of competency 
which promote the best interests of society, of the client and 
of the profession as a whole. The counselor shall obtain 
continuing education as a component of professional 
competency. 
(U The substance abuse professional shall prevent the 
practice of substance abuse counseling by unquali- 
fied and unauthorized persons. 

(2) The substance abuse professional who is aware of 
unethical conduct or of unprofessional modes of 
practice shall report such violations to the appro- 
priate certifying authority. 

£3} The substance abuse professional shall recognize 
boundaries and limitations of counselor's compe- 
tencies and not offer services or use techniques 
outside of these professional competencies. 

(4) The substance abuse professional shall recognize 
the effect of professional impairment on profes- 
sional performance and shall be willing to seek 
appropriate treatment for oneself or for a col- 
league. The counselor shall su pport peer assis- 
tance programs in this respect. 

Statutory Authority G.S. 90-113.30; 90-113.36; 90-113.37; 
90-113.39; 90-113.40; 90-113.41; 90-113.43; 90-113.44. 

.0504 LEG-\L STANDARDS AND MORAL 
STANDARDS 

The substance abuse professional shall uphold the legal 
and accepted moral codes which pertain to professional 
conduct. 

(1) The substance abuse professional shall not claim 
either directly or bj; implication, professional 
qualifications or affihations that the counselor does 
not possess. 

(2) The substance abuse professional shall not use the 
affiliation with the North Carolina Substance 
Abuse Professional Certification Board for pur- 
poses that are not consistent with the stated pur- 
poses of the Board. 

(3) The substance abuse professional shall not associ- 



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PROPOSED RULES 



ate with or permit the counselor's name to be used 
in connection with any services or products in a 
way that is incorrect or misleading. 
(4) The substance abuse professional associated with 
the development or promotion of books or other 
products offered for commercial sale shall be 
responsible for ensuring that such books or prod- 
ucts are presented in a professional and factual 
way. 

Statutory Authority G.S. 90-113.30; 90-113.33; 90-113.43; 
90-113.44; 90-113.45. 

.0505 PUBLIC STATEMENTS 

The substance abuse professional shall respect the limits of 
present knowledge in public statements concerning alcohol- 
ism and other forms of drug addiction. 

(1) The substance abuse professional who represents 
the field of alcoholism counseling to clients, other 
professionals or to the general public shall report 
fairly and accurately the appropriate information. 

(2) The substance abuse professional shall acknowl- 
edge and document materials and techniques used. 

(3) TTie substance abuse professional who conducts 
training in alcoholism or drug abuse counseling 
skills or techniques shall indicate to the audience 
the requisite training and qualifications required to 
properly perform these skills and techniques. 

Statutory Authority G.S. 90-113.30; 90-113.33; 90-113.44. 

.0506 PUBLICATION CREDIT 

The substance abuse professional shall assign credit to all 
who have contributed to the published material and for the 
work upon which the publication is based. 

(1) The substance abuse professional shall recognize 
joint authorship, major contributions of a profes- 
sional character, made by several persons to a 
common project. The author who has made the 
principle contribution to a publication shall be 
identified as a first listed. 

(2) The substance abuse professional shall acknowl- 
edge in footnotes or an introductory statement 
minor contribution of a professional character, 
extensive clerical or similar assistance and other 
minor contributions. 

(3) The substance abuse professional shall acknowl- 
edge, through specific citations, unpublished, as 
well as published material, that has directly influ- 
enced the research or writing. 

(4) Tte substance abuse professional who compiles 
and edits for publication the contributions of 
others shall list oneself as editor, along with the 
names of those others who have contributed. 

Statutory Authority G.S. 90-113.30; 90-113.33; 90-113.44. 



.0507 CLIENT WELFARE 

The substance abuse professional shall respect the integrity 
and protect the welfare of the person or group with whom 
the counselor is working- 
CD The substance abuse professional shall define for 
self and others the nature and direction of loyalties 
and responsibilities and keep all parties concerned 
informed of these commitments. 

(2) The substance abuse professional, in the presence 
of professional conflict shall be concerned primar- 
ily with the welfare of the client. 

(3) The substance abuse professional shall terminate 
a counseling or consulting relationship when it is 
reasonable clear to the counselor that the client is 
not benefiting from iL 

(4) The substance abuse professional, in referral 
cases, shall assume the responsibility for the 
client's welfare either by termination by mutual 
agreement and in some cases or in others by the 
client becoming engaged with another profes- 
sional. In situations when a client refuses treat- 
ment, referral or recommendations . the substance 
abuse professional shall carefully consider the 
welfare of the client by weighing the benefits of 
continued treatment or termination and shall act in 
the best interest of the client. 

(5) The substance abuse professional who asks a client 
to reveal personal information from other profes- 
sionals or allows information to be divulged shall 
inform the client of the nature of such transac- 
tions. The information released or obtained with 
informed consent shall be used for expressed 
purposes only. 

(6) The substance abuse professional shall not use a 
client in a demonstration role in a workshop 
setting where such participation would foreseeably 
seriously harm the client. 

(7) The substance abuse professional shall ensure the 
presence of an a ppropriate setting for clinical 
work to protect the client from harm and the 
counselor and the profession from censure. 

(8) The substance abuse professional shall collaborate 
with other health care professionals in providing 
a su pportive envirorunent for the client who is 
receiving prescribed medications. 

Statutory Authority G.S. 90-113.30; 90-113.33; 90-113.39; 
90-113.40; 90-113.43; 90-113.44. 

.0508 CONFIDENTIALITY 

The substance abuse professional shall embrace, as a 

primary obligation, the duty of protecting the privacy of 

clients and shall not disclose confidential information 

acquired, in teaching, practice or investigation. 

(1) The substance abuse professional shall inform the 

client and obtain agreement in areas likely to 

affect the client's participation including the 



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recording of an interview, the use of interview 
material for training purposes and observation of 
an interview by another person. 

(2) The substance abuse professional shall make 
provisions for the maintenance of confidentiality 
and the ultimate disposition of confidential re- 
cords. 

(3") The substance abuse professional shall reveal 
information received in confidence only when 
there is clear and imminent danger to the client or 
to other persons and then only to the a ppropriate 
professional worker or public authorities. 

(4) The substance abuse professional shall discuss the 
information obtained in clinical or consulting 
relationships only in a ppropriate settings and only 
for professional purposes clearly concerned with 
the case. Written and oral reports shall present 
only data germane to the purpose of the evaluation 
and every effort shall be made to avoid undue 
invasion of privacy. 

(5^ The substance abuse professional shall use clinical 
and other material in classroom teaching and 
writing only when the identity of the persons 
Involved is adequately disguised. 

Statutory Authority G.S. 90-113.30; 90-113.43; 90-113.44. 

.0509 CLIENT RELATIONSHIPS 

The substance abuse professional shall inform the prospec- 
tive client of the important aspects of the potential relation- 
ship. 

(1) The substance abuse professional shall inform the 
client and obtain the client's agreement in areas 
likely to affect the client's participation including 
the recording of an interview, the use of interview 
material for training purposes and in some cases 
or in others, observation of m interview by 
another person. 

(2) The substance abuse professional shall inform the 
designated guardian or responsible person of the 
circumstances that may influence the relationship, 
when the client is a minor or incompetent. 

(3) TTie substance abuse professional shall not enter 
into a professional relationship with members of 
one's own family, intimate friends or close associ- 
ates or others whose welfare might be jeopardized 
by such a dual relationship. 

(4) The substance abuse professional shall not engage 
in sexual activity with a client who is receiving 
services or has an unpaid balance owing to the 
professional. 

Statutory Authority G.S. 90-113.30; 90-113.33; 90-113.34; 
90-113.44. 

.0510 INTERPROFESSIONAL RELATIONSHIPS 

The substance abuse professional shall treat colleagues 



with respect, courtesy and fairness and shall afford the same 
professional courtesy to other professionals. 

(1) The substance abuse professional shall not offer 
professional services to a client in counseling with 
another professional except with the knowledge of 
the other professional or after the termination of 
the client's relationship with the other profes- 
sional. 

(2) The substance abuse professional shall cooperate 
with duly constituted professional ethics commit- 
tees and promptly supply necessary information 
unless constrained by the demands of confidential- 
iliL 

Statutory Authority G.S. 90-113.30; 90-113.33; 90-113.44. 

.0511 REMUNERATION 

The substance abuse professional shall establish financial 
arrangements in professional practice and in accord with the 
professional standards that safeguard the best interests of the 
client, of the counselor and of the profession. 

(1) The substance abuse professional shall consider 
carefully the ability of the client to meet the 
financial cost in establishing rates for professional 
services. 

(2) The substance abuse professional shall not send 
nor receive any commission or rebate or any other 
form of remuneration for referral of clients for 
professional services. The counselor shall not 
engage in fee splitting. 

£3} The substance abuse professional in clinical or 
counseling practice shall not use one's relationship 
with clients to promote personal gain or the profit 
of an agency or commercial enterprise of any 
kind. 

(4) The substance abuse professional shall not accept 
a private fee or any other gift or gratuity for 
professional work with a person who is entitled to 
such services through an institution or agency. 
The policy of a particular agency may make 
explicit provisions for private work with its clients 
by members of its staff and in such instances the 
client must be fully a pprised of all polices affect- 
ing the client. 

Statutory Authority G.S. 90-113.30; 90-113.33; 90-113.44. 

SECTION .0600 - GROUNDS FOR DISCIPLINE AND 
DISCIPLINARY PROCEDURES 

.0601 GROUNDS FOR PROFESSIONAL 
DISCIPLINE 

Violation of these principles shall be deemed grounds for 
discipline: 
(1) Fraud or Misrepresentation in Procuring or Main- 
taining Certification. 
(A) Acts such as to practice, attempt to practice, or 



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1385 



PROPOSED RULES 



supervise others while representing oneself to be 
a certified substance abuse counselor or a certi- 
fied substance abuse prevention consultant 
without being duly certified; 

(B) False representation of material fact to procure 
or maintain certification, whether by word or 
conduct; 

(C) Concealment of requested information contained 
in the a pplication; 

(D) Attempting to file or filing any false or forged 
diploma, certificate, affidavit, transcript, identi- 
fication or qualification; 

(E) Submitting inaterial which is not the work 
product of the applicant; 

(F) Knowingly assisting another to procure or 
maintain certification on the basis of fraud; or 

(G) Aid, abet, or assist any uncertified person to 
practice as a certified substance abuse profes- 
sional in violation of this code. 

(2) Fraud or Misrepresentation to the Public. 

(A) Knowingly make misleading, deceptive, false, or 
fraudulent misrepresentations in the practice of 
the profession; or 

(B) Pursue an illegal practice as set forth in G.S. 
90-113.43. 

(3) Exploitation of Client or Recipient Relationships. 

(A) Entering into a professional relationship with any 
member of one's own family, close associate or 
any other f>erson whose psychological, physical. 
or financial welfare an ordinary, reasonable, 
prudent person could foresee would be jeopar- 
dized by such a dual relationship; 

(B) Participating in or soliciting sexual relations with 
a client or recipient; 

(C) Entering into personal financial arrangements 
with a client or recipient which make an unjust 
or improper use of the client or recipient; or 

CD) Using the professional relationship with a client 
or recipient to promote personal gain or the 
profit of an agency or commercial enterprise of 
any kind to benefit the substance abuse profes- 
sional. 

(4) Illegal Acts or Practices. 

(A) Violation of Federal or State confidentiality 
statutes; 

(B) Conviction of any controlled substances law, 
until proof of rehabilitation is established to the 
Board's satisfaction; or 

(O Being any accessory to or participating in dis- 
honesty, fraud, misrepresentation or any other 
illegal act involving a client or recipient. 

(5) Professional Incompetency or Failure to Meet 
Standards of Practice. 

(A) Failure to follow the standards of skill and 
competence possessed and a pplied by profes- 
sional peers certified in this State acting in the 
same or similar circumstances; 



(B) Use of drugs or alcoholic beverages to the extent 
that professional competency is affected, until 
proof of rehabilitation can be established: 

(C) Refusal to seek treatment for chemical depend- 
ency or mental health problems which impair 
professional performance; or 

(D) Engaging in conduct that m ordinary, reason- 
able, and prudent person could foresee would 
result in harm or injury to the public. 

(6) The following are prohibited governing profes- 
sional relationships: 

(A) Offering professional services to a client or 
recipient in a counseling relationship with an- 
other substance abuse coimselor except with the 
knowledge of the other professional or after the 
termination of the client or recipient's relation- 
ship with the other professional; 

(B) Sending or receiving any commission or rebate 
or any other form of remuneration for referral 
of clients or recipients for professional services: 

(C) Accepting or charging a fee for a referral only 
when no other services are actually provided: 

(D) Accepting or charging a fee when no substance 
abuse professional services are actually pro- 
vided; except actual costs for copies and admin- 
istrative services may be recovered; 

(E) Accepting a private fee or gratuity or any other 
gift other than a one-time gift having a value of 
less than twenty five dollars ($25.00') for profes- 
sional work with a person who is entitled to the 
services through the professional's employer: or 

(F) Failing to cooperate with the investigations and 
proceedings of any professional ethics committee 
unless the failure is within the exercise of the 
professional's constitutional rights. 



Statutory Authority G.S. 90-113.33; 90-113.37; 90-113.39; 
90-113.40; 90-113.42; 90-113.43; 90-113.44; 90-113.45; 
90-338. 

.0602 COMPLAINT PROCEDURES 

(a) Initiation. Any individual with personal knowledge 
that any person has violated t^ie Code of Ethics, any other 
rules of the Board, or G.S. 90. Article 5C: may file a 
complaint against the substance abuse professional by 
submitting a written complaint. 

(b) Form. The complaint shall be in writing, stating the 
nature of the alleged offense and signed by the complainant. 
The complaint shall include: 

(1) The name, address, and telephone number of the 
complainant: 

(2) The name, address, and telephone number of the 
p>erson against whom the complaint is made; 

(3) A statement of the facts which clearly and 
accurately describes the allegations against the 
person. 



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PROPOSED RULES 



(c) The complaint shall be investigated as set out in Rule 
■0603 of this Section- 
ed) Once the Ethics Committee concludes there is a 
sufficient basis to schedule a disciplinary hearing before the 
Board, the Chairperson shall notify the person against whom 
the complaint is made by certified mail. The notice to the 
respondent shall include the following: 

(1) State the section(s) of the Code of Ethics, other 
rules of the Board, or G.S. 90. Article 5C 
which the complaint alleges has been violated; 

(2) A copy of the complaint: 

(3) Direct that the respondent reply in writing and 
by certified mail within 30 days of receipt of 
this notice: 

(4) Inform the respondent that failure to respond in 
writing within 30 days may result in revocation 
of certification. 

(e) Failure of the respondent to reply to the charges, 
including each specific allegation, may be considered an 
admission of the facts contained in the allegation(s). 

Statutory Authority G.S. 90-113.30; 90-113.33; 90-133.44; 
90-113.45. 

.0603 INVESTIGATION OF COMPLAINT 

(a) The Ethics Committee Chairperson, in consultation 
with the President and legal counsel, shall investigate the 
allegations in the complaint. The Chairperson may appoint 
any person(s) or name a subcommittee to serve as the 
investigating entity and to prepare an Investigative report. 

(b) The investigating entity may contact the complainant 
and person against whom the complaint is made. 

(c) Upon completion of the investigation, the Ethics 
Committee Chairperson in consultation with the investigating 
entity may determine that: 

(1) The complaint is without merit. The Chairper- 
son shall notify the complainant that the com- 
plaint is dismissed. The Chairperson shall also 
notify the complainant of the procedure for 
appeal of the dismissal. 

£2} Upon completion of an investigation wherein the 
complaint is not dismissed, the investigating 
entity shall make a written report to the Ethics 
Committee. 

(d) The Ethics Committee shall review the report and take 
the following action: 

£1} Schedule a disciplinary hearing before the 

Board: 
(2") Dismiss the complaint: or 
(3) Remand the matter to the investigating entity in 

order to obtain additional evidence sufficient 

upon which to base a decision. 

Statutory Authority G.S. 90-113.33; 90-113.34; 90-113.44. 

.0604 HEARING BEFORE BOARD 

(a) A hearing shall be initiated: 



(1) At the call of the Ethics Committee in the case 
of a complaint against a certified professional: or 

(2) By any person on a pf>eal of a final agency 
decision pursuant to G.S. 150B-22. 

fb) The hearing shall be conducted in a fair and impartial 
manner, pursuant to G.S. 150B. Article 3 A. 

Statutory Authority G.S. 90-113.30; 90-113.33; 90-113.44; 
90-113.45. 

.0605 METHOD OF DISCIPLINE 

(a) Certification may be suspended, revoked or denied by 
a finding that grounds for disciplinary action as set out in 
G.S. 90-113.44 exist. 

(b) The Board may impose the following disciplinary 
sanctions: 

(U Revocation of certification: 

(2) Suspension of certification until further order of 
the Board or for a specified period of time: 

(3) Reprimand: 

(4) Denial of certification: or 

(5) Other sanctions which may be deemed appropri- 
ate by the Board, including probation in which 
specific terms and conditions may be imposed 
such as psychological counseling or testing. 

Statutory Authority G.S. 90-113.30; 90-113.33; 90-113.34; 
90-113.37; 90-113.43; 90-113.44; 90-113.45. 

.0606 EFFECT OF ACTIONS OF COURT OR 
OTHER PROFESSIONAL GROUPS 

(a) If a person certified or applying for certification by 
the Board has been disciplined by another professional 
organization or convicted of a felony or a misdemeanor and 
that discipline or conviction relates to his qualifications or 
functions as a substance abuse professional, the Ethics 
Committee or the Board may take this prior record into 
consideration when imposing disciplinary sanctions. 

(b) When such prior discipline or conviction is discov- 
ered, it shall be referred to the Ethics Committee and shall 
be treated by the Ethics Committee in the same manner as 
a complaint. 

(c) Such prior discipline or conviction as described in 
Paragraph (a) of this Rule shall be presumed to be correct 
and appropriate. In order to overcome this presumption, the 
respondent must prove to the Committee's or the Board's 
satisfaction at least one of the following: 

(1) The process was so flawed that the finding of 
the organization or board is without basis: or 

(2) The disciplinary action by the organization or 
board does not bear a reasonable relation to the 
conduct complained of resulting in undue pun- 
ishment. 

Statutory Authority G.S 90-113.30; 90-113.33; 90-113.39; 
90-113.40; 90-113.43; 90-113.44; 90-113.45. 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1387 



.0607 DISCRETION OF BOARD 

The following factors may be considered by the Board in 
detennining the nature and severity of the disciplinary 
sanctions to be imposed: 

(1) The relative seriousness of the violation as it 
relates to assuring the citizens of North Carolina 
a consistently high standard of professional service 
and care; 

(2) TTie facts of the particular violation: 

(3) Any extenuating circumstances or other counter- 
vailing considerations; 

(4) The number and seriousness of prior violations or 
complaints: 

(5) Whether remedial action has previously been 
taken; 

(6) Likelihood of reoccurrence; or 

(7) Other factors which may reflect upon the compe- 
tency, ethical standards, and professional conduct 
of the individual. 

Statutory Authority G.S. 90-113.33; 90-113.43; 90-113.44. 



Board to grant such permission. 

(h) A request for reinstatement or certification following 
its denial shall be initiated by the respondent. 

(c) A letter of application for reinstatement certification 
following its denial shall present facts which, if established, 
shall be sufficient to enable the Board to determine that the 
basis for the sanction no longer exists. 

(d) To determine that the basis for the sanction no longer 
exists the Board may consider: 

(1) The nature of the offense. 

(2) The severity of the offense. 

(3) Any resulting harm or injury to the public and 
its extent. 

(4) The length of time since the punishment was 
impKjsed. 

(5) Restitution made, and 

(6) Any other factor the Board considers relevant. 

Statutory Authority G.S. 90-113.30; 90-113.33; 90-113.37; 
90-113.39; 90-113.40; 90-113.44; 90-113.45. 



f 



.0608 CONFIDENTIALITY 

(a) At no time prior to the release of the final decision by 
the Board shall any portion of the action or the whole 
thereof, be made public or be distributed to any persons 
other than the members and chairperson of the involved 
committees, the Committee on Ethics, and its staff. 

(b) Notwithstanding Paragraph (a) of this Rule, all 
materials shall be released as required by the Administrative 
Procedure Act. 

Statutory Authority G.S. 90-113.30; 90-113.33; 90-113.34. 



i 



.0609 PETITION FOR REOPENING CASE 

(a) If a party. u[X)n proper notice fails to a pp>ear. the 
hearing may proceed without the party. However, if the 
inquiTY is conducted or a decision is reached in an adminis- 
trative hearing in the absence of a party, or if a dismissal is 
entered prior to the granting of one continuance to the 
person petitioning for reopening the case, that party may file 
a written petition with the Board for a reopening of the 
case. The petition caption shall be entitled: "Petition for 
Reopening Hearing of Respondent. " 

(h) Petitions for reopening a contested case shall not be 
granted unless the petitioner can show that his or her failure 
to appear was justified and unavoidable and that fairness 
requires reopening the case. 

(c) The decision of the Board to grant or deny the petition 
to reopen shall be in writing and a copy shall be sent to the 
petititoner and made a part of the record of the hearing. 

Statutory Authority G.S. 90-113.30; 90-113.33; 90-113.34; 
90-113.40; 90-113.44; 90-113.45. 



.0610 REINSTATEMENT FOLLOWING 
REVOCATION 

(a} Upon a showing that there are circumstances that 
could establish a basis for reinstatement or certification 
following its denial, it shall be within the discretion of the 



I 



1388 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



RRC OBJECTIONS 



1 he Rules Review Commission (RRC) objected to the following rules in accordance with G.S. 150B-21.9(a). State 
agencies are required to respond to RRC as provided in G. S. 150B-21. 12(a). 



ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 
Environmental Health 

15A NCAC 18A .2509 - Plan Review and Approval 

Rule Withdrawn by Agency 
15A NCAC 18A .2531 - Wading Pools 

Agency Revised Rule 
15A NCAC 18A .2531 - Spas and Hot Tubs 

Agency Revised Rule 

Environmental Management 

15A NCAC 2B .0212 - Fresh Surface Water Quality Standards for Class WS-I Waters 

Agency Revised Rule 
15A NCAC 2B .0214 - Fresh Surface Water Quality Standards for Class WS-II Waters 

Agency Revised Rule 
ISA NCAC 2B .0215 - Fresh Surface Water Quality Standards for Class WS-III Waters 

Agency Revised Rule 
15 A NCAC 2B .0219 - Fresh Surface Water Quality Standards for Class B Waters 

Agency Revised Rule 
15 A NCAC 2B .0222 - Tidal Salt Water Quality Standards for Class SB Waters 

Agency Revised Rule 
15A NCAC 2B .0224 - High Quality Waters 

Agency Revised Rule 
ISA NCAC 2H .1003 - Coastal Stormwater Disposal 

Agency Revised Rule 
ISA NCAC 2H . 1008 - Design of Stormwater Management Measures 

Agency Revised Rule 

Health: Epidemiology 

ISA NCAC 19H .0702 - Research Requests 
Rule Withdrawn by Agency 

Sedimentation Control 





09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 



09/21/95 



15 A NCAC 4B .0020 - Inspections and Investigations 
Agency Revised Rule 

Solid Waste Management 

15A NCAC 13B .0815 - Incorporation by Reference 

Agency Revised Rule 
15 A NCAC 13B .0817 - Septage Management Firm Permits 

Agency Revised Rule 
15A NCAC 13B .0819 - Septage Land Application Site Permits 

Agency Revised Rule 
15 A NCAC 13B .0820 - Septage Detention and Treatment Facility Permits 

Agency Revised Rule 
15A NCAC 13B .0821 - Location of Septage Land Application Sites 

Agency Revised Rule 
15 A NCAC 13B .0822 - Management of Septage Land Application Sites 



RRC Objection 
Obj. Removed 



09/21/95 
09/21/95 



RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


09/21/95 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1389 



RRC OBJECTIONS 



Agency Revised Rule 
15A NCAC 13B .0825 - Standards for Septage Treatment and Detention Facilities 
Agency Revised Rule 

Wildlife Resources and Water Safety 

15A NCAC lOF .0313 - Hyde County 
Agency Revised Rule 

HUMAN RESOURCES 



Obj. Removed 
RRC Objection 
Obj. Removed 



RRC Objeaion 
Obj. Removed 



09/21/95 
09/21/95 
09/21/95 



08/10/95 
08/10/95 



Facility Services 

10 NCAC 3C .3001 - Definitions 

No Response from Agency 
10 NCAC 3C .3108 - Suspension of Admissions 

No Response from Agency 
10 NCAC 3C .3205 - Discharge of Minor or Incompetent 

No Response from Agency 
10 NCAC 3C .3302 - Minimum Provisions of Patient's Bill of Rights 

No Response from Agency 
10 NCAC 3C .3502 - Bylaws 

No Response from Agency 
10 NCAC 3C .3602 - Responsibilities 

No Response from Agency 
10 NCAC 3C .3603 - Personnel Policies and Practices 

No Response from Agency 
10 NCAC 3C .3607 - Personnel Health Requirements 

No Response from Agency 
10 NCAC 3C .3608 - Insurance 

No Response from Agency 
10 NCAC 3C .3704- Status 

No Response from Agency 
10 NCAC 3C .3902 - Manager 

No Response from Agency 
10 NCAC 3C .3904 - Patient Access 

No Response from Agency 
10 NCAC 3C .4003 - Policies and Procedures 

No Response from Agency 
10 NCAC 3C .4102 - Classification of Optional Emergency Services 

No Response from Agency 
10 NCAC 3C .4104 - Medical Director 

No Response from Agency 
10 NCAC 3C .4203 - Nursing Staff 

No Response from Agency 
10 NCAC 3C .4303 - Nursing Services Maternal Services 

No Response from Agency 
10 NCAC 3C .4307 - Nursing Staff of Neonatal Services 

No Response from Agency 
10 NCAC 3C .4401 - Organization 

No Response from Agency 
10 NCAC 3C .4502 - Pharmacist 

No Response from Agency 
10 NCAC 3C .4512 - Medications Dispensed 

No Response from Agency 
10 NCAC 3C .4702 - Organization 

No Response from Agency 



RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj\ Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 



1390 



NORTH CAROUNA REGISTER 



October 16, 1995 



10:14 



RRC OBJECTIONS 



10 NCAC 3C .4703 - Sanitation and Safety 

No Response from Agency 
10 NCAC 3C .4704 - Distribution of Food 

No Response from Agency 
10 NCAC 3C .4705 - Nutritional Support 

No Response from Agency 
10 NCAC 3C .4801 - Organization 

No Response from Agency 
10 NCAC 3C .4905 - Tissue Removal and Disposal 

No Response from Agency 
10 NCAC 3C .5002 - Delivery of Care 

No Response from Agency 
10 NCAC 3C .5201 - Psychiatric/Substance Abuse Svcs.: Applicability of Rules 

No Response from Agency 
10 NCAC 3C .5202 - Definitions Applicable/Psychiatric/Substance Abuse Svcs. 

No Response from Agency 
10 NCAC 3C .5205 - Seclusion 

No Response from Agency 
10 NCAC 3C .5302 - Definitions 

No Response from Agency 
10 NCAC 3C .5309 - Nursing /Health Care Administration and Supervision 

No Response from Agency 
10 NCAC 3C .5315 - Dental Care 

No Response from Agency 
10 NCAC 3C .5318 - Activities and Recreation 

No Response from Agency 
10 NCAC 3C .5319 - Social Services 

No Response from Agency 
10 NCAC 3C .5322 - Brain Injury Extended Care Physician Services 

No Response from Agency 
10 NCAC 3C .5323 - Brain Injury Extended Care Program Requirements 

No Response from Agency 
10 NCAC 3C .5324 - Special Nursing Req. Brain Injury Long Term Care 

No Response from Agency 
10 NCAC 3C .5325 - Ventilator Dependence 

No Response from Agency 
10 NCAC 3C .5326 - Physician Services for Ventilator Dependent Patients 

No Response from Agency 
10 NCAC 3C .5403 - HIV Designated Unit Policies and Procedures 

No Response from Agency 
10 NCAC 3C .5405 - Physician Services in a HIV Designated Unit 

No Response from Agency 
10 NCAC 3C .5407 - Use of Investigational Drugs on the HIV Designated Unit 

No Response from Agency 
10 NCAC 3C .5501 - Definitions 

No Response from Agency 
10 NCAC 3C .5502 - Physician Reg. for Inpatient Rehab. Facilities or Units 

No Response from Agency 
10 NCAC 3C .5507 - Comprehensive Rehabilitation Personnel Administration 

No Response from Agency 
10 NCAC 3C .5508 - Comprehensive Inpatient Rehab. Program Staffing Req. 

No Response from Agency 
10 NCAC 3C .5512 - Additional Req. for Traumatic Brain Injury Patients 

No Response from Agency 
10 NCAC 3C .5513 - Additional Req. for Spinal Cord Injury Patients 

No Response from Agency 
10 NCAC 3C .6102 - List of Referenced Codes and Standards 



RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1391 



RRC OBJECTIONS 



No Response from Agency 
10 NCAC 3C .6208 - Obstetrical Department Requirements 

No Response from Agency 
10 NCAC 3H .2001 - Definitions 

No Response from Agency 
10 NCAC 3H .2201 - Administrator 

No Response from Agency 
10 NCAC 3H .2202 - Admissions 

No Response from Agency 
10 NCAC 3H .2203 - Patients Not to be Admitted 

No Response from Agency 
10 NCAC 3H .2206 - Medical Direaor 

No Response from Agency 
10 NCAC 3H .2209 - Infection Control 

No Response from Agency 
10 NCAC 3H .2212 - Quality Assurance Committee 

No Response from Agency 
10 NCAC 3H .2301 - Patient Assessment and Care Planning 

No Response from Agency 
10 NCAC 3H .2302 - Nursing Services 

No Response from Agency 
10 NCAC 3H .2308 - Domiciliary Home Personnel Requirements 

No Response from Agency 
10 NCAC 3H .2401 - Maintenance of Medical Records 

No Response from Agency 
10 NCAC 3H .2501 - Availability of Physician's Services 

No Response from Agency 
10 NCAC 3H .2505 - Brain Injury Long-Term Care Physician Services 

No Response from Agency 
10 NCAC 3H .2506 - Physician Services for Ventilator Dependent Patients 

No Response from Agency 
10 NCAC 3H .2601 - Availability of Pharmaceutical Services 

No Response from Agency 
10 NCAC 3H .2604 - Drug Procurement 

No Response from Agency 
10 NCAC 3H .2605 - Drug Storage and Disposition 

No Response from Agency 
10 NCAC 3H .2606 - Pharmaceutical Records 

No Response from Agency 
10 NCAC 3H .2607 - Emergency Drugs 

No Response from Agency 
10 NCAC 3H .2701 - Provision of Nutrition and Dietetic Services 

No Response from Agency 
10 NCAC 3H .2801 - Aaivity Services 

No Response from Agency 
10 NCAC 3H .2802 - Social Services 

No Response from Agency 
10 NCAC 3H .3002 - Quality of Specialized Rehabilitation Services 

No Response from Agency 
10 NCAC 3H .3003 - Ventilator Dependence 

No Response from Agency 
10 NCAC 3H .3004 - Brain Injury Long-Term Care 

No Response from Agency 
10 NCAC 3H .3005 - Special Nursing Req. for Brain Injury Long-Term Care 

No Response from Agency 
10 NCAC 3H .3011 - HIV Designated Unit Policies and Procedures 

No Response from Agency 



Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 



1392 



NORTH CAROUNA REGISTER 



October 16, 1995 



10:14 



RRC OBJECTIONS 



10 NCAC 3H .3012 - Physician Services in an HFV Designated Unit 

No Response from Agency 
10 NCAC 3H .3013 - Special Nursing Requirements for an HIV Designated Unit 

No Response from Agency 
10 NCAC 3H .3015 - Use of Investigational Drugs for HIV Designated Units 

No Response from Agency 
10 NCAC 3H .3016 - Additional Social Work Req. for HIV Designated Units 

No Response from Agency 
10 NCAC 3H .3021- Physician Req. for Inpatient Rehab. Facilities or Units 

No Response from Agency 
10 NCAC 3H .3027 - Comprehensive Inpatient Rehab. Program Staffing Req. 

No Response from Agency 
10 NCAC 3H .3031 - Additional Req. for Spinal Cord Injury Patients 

No Response from Agency 
10 NCAC 3H .3103 - Site 

No Response from Agency 
10 NCAC 3H .3201 - Required Spaces 

No Response from Agency 
10 NCAC 3H .3401 - Heating and Air Conditioning 

No Response from Agency 
10 NCAC 3H .3404 - Other 

No Response from Agency 
10 NCAC 30 .0305 - Persons Subject to Licensure 

Agency Revised Rule 
10 NCAC 30 .0506 - Simplified Reporting for Certain Organizations 

Agency Revised Rule 
10 NCAC 30 .0607 - License Year 

Agency Revised Rule 
10 NCAC 3U .0705 - Special Training Requirements 

Agency Revised Rule 
10 NCAC 3U . 1403 - Aquatic Activities 

Agency Revised Rule 
10 NCAC 3U .1717 - Health, Safety and Sanitation Requirements 

Agency Revised Rule 

RRC has Objected to the Following Repeals in 10 NCAC 3C and 10 NCAC 3H: 
10 NCAC3C .0101 - .0102, .0104 - .0110, .0201 - .0203, .0301 - .0307, .0401 - 
.0701 - .0708, .0801 - .0805, .0807, .0901 - .0917, .1001 - .1006, .1101 - .1102, . 
.1405, .1501 - .1508, .1510, .1601 - .1606, .1701 - .1717, .1801 - .1805, .1901 - 
.2020- .2033, .2101 - .2105. 

No Response from Agency 
10 NCAC 3H .0108 - .0109, .0206 - .0220, .0306 - .0318. .0407 - .0409, .0505 - 
.0705- .0712, .0810- .0812, .0903 - .0911. .1003 - .1008, .1105 - .1109, .1130- 
.1210, .1306 - .1308, .1405 - .1406, .1408 - .1410. .1501 - .1503, .1612 - .1613, 

No Response from Agency 



RRC Objection 


07113195 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


05/18/95 


Obj. Removed 


05/18/95 


RRC Objection 


05/18/95 


Obj. Removed 


05/18/95 


RRC Objection 


05/18/95 


Obj. Removed 


05/18/95 


RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 


.0407, .0501 - .0505. 


.0601 - .0604, 


1201 - . 1204, . 1301 - 


.1303, .1401 - 


.1912, .1915 - .1932, 


.2001 - .2008, 


Obj. Cont'd 


09/21/95 


.0507, .0510- .0517, 


.0605 - .0609, 


.1136, .1150 -.1163, 


.1204 -.1208, 


.1703 -.1704, .1804- 


.1807. 


Obj. Cont'd 


09/21/95 



LICENSING BOARDS AND COMMISSIONS 



Board of Medical Examiners 



21 NCAC 32H .0102 - Definitions 

Agency Revised Rule 
21 NCAC 32H .0506 - Certification Requirement: Emergency Medical Dispatcher 

Agency Revised Rule 
21 NCAC 32N .0002 - Continuances 

Agency Responded - Agency Will Not Revise Rule 



RRC Objeaion 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


09/21/95 


RRC Objection 


08/10/95 


Obj. Cont'd 


09/21/95 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1393 



RRC OBJECTIONS 



Board of Pharmacy 



21 NCAC 46 . 1601 - Pharmacy Permits 

Agency Revised Rule 
21 NCAC 46 . 1608 - Device and Medical Equipment Permits 

Agency Revised Rule 
21 NCAC 46 .2601 - Dispensing and Delivery 

Agency Revised Rule 

Agency Revised Rule 
21 NCAC 46 .2602 - Orders 

Rule Withdrawn by Agency 
21 NCAC 46 .2603 - Education and Training 

Agency Revised Rule 
21 NCAC 46 .2604 - Records 

Agency Revised Rule 
21 NCAC 46 .2605 - Registration of Non-Pharmacists 

Agency Revised Rule 
21 NCAC 46 .2606 - Conveying Warnings 

Agency Revised Rule 
21 NCAC 46 .2609 - Rehabilitation Equipment 

Agency Revised Rule 
21 NCAC 46 .2803 - Reg /pharmacies Dispensing Sterile Parenteral Pharmaceuticals 

Agency Revised Rule 



RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objeaion 


08/10/95 


Obj. Cont'd 


08/10/95 


Obj. Removed 


09/21/95 




08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objeaion 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 



Board of Physical Therapy Examiners 



21 NCAC 48C .0103 - Prohibited Practice 

Rule Withdrawn by Agency 
21 NCAC 48E .0110 - Foreign-Trained Physical Therapists 

Agency Revised Rule 
21 NCAC 48G .0514 - Continuances 

Agency Revised Rule 
21 NCAC 48H .0703 - Hearings 

Agency Revised Rule 





09/21/95 


RRC Objeaion 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objeaion 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objeaion 


09/21/95 


Obj. Removed 


09/21/95 



Board of Practicing Psychologists 



21 NCAC 54 .1702 - Foreign Degree Application Policy 
Agency Revised Rule 



RRC Objeaion 
Obj. Removed 



09/21/95 
09/21/95 



SECRETARY OF STATE 



Securities Division 



18 NCAC 6 . 1209 - Nonprofit Securities 

Agency Revised Rule 

Rule Returned to Agency 
18 NCAC 6 .1314 - Escrow Agreements 

Rule Returned to Agency 
18 NCAC 6 . 1401 - Application for Registration of Dealers 

Agency Revised Rule 

Rule Returned to Agency 
18 NCAC 6 .1402 - Application for Registration of Salesmen 

Agency Revised Rule 
18 NCAC 6 .1413 - Salesman Examination Required 

Agency Revised Rule 
18 NCAC 6 .1702 - Application for Investment Adviser Registration 



RRC Objeaion 


08/10/95 


Obj. Cont'd 


08/10/95 




09/21/95 


RRC Objeaion 


08/10/95 




09/21/95 


RRC Objeaion 


08/10/95 


Obj. Cont'd 


08/10/95 




09/21/95 


RRC Objeaion 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objeaion 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objeaion 


08/10/95 



1394 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



RRC OBJECTIONS 



Agency Revised Rule 

Rule Returned to Agency 
18 NCAC 6 .1713 - Invest Adviser Merger/Consolidation/Acquisition/Succession 

Agency Revised Rule 
18 NCAC 6 .1901 - Application for Registration of Athlete Agents 

Agency Revised Rule 



Obj. 


Cont'd 


08/10/95 
09/21/95 


RRC 


' Objection 


08/10/95 


Obj. 


Removed 


08/10/95 


RRC 


' Objection 


08/10/95 


Obj. 


Removed 


08/10/95 



STATE PERSONNEL 



Office of State Personnel 



25 NCAC IC .0405 - Temporary Appointment 

Agency Revised Rule 
25 NCAC IC .0407 - Temporary Part-Tune Appointment 

Agency Revised Rule 
25 NCAC ID .2001 - Coverage 

Agency Repealed Rule 
25 NCAC IE .1408 - Certification 

Agency Revised Rule 
25 NCAC IJ .0615 - Special Provisions 

Agency Revised Rule 
25 NCAC IK .0312 - Eligibility 

Agency Revised Rule 



RRC Objeaion 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


09/21/95 


Obj. Removed 


09/21/95 


RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1395 



CONTESTED CASE DECISIONS 



J. his Section conmins thefidl text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the 
Office of Administrative Hearings, (919) 733-2698. 



I 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



AD\nNISTRATION 



Dividom of Purchase and Contract 

Senter-Sandere Tractor Corp. v. Admin., Div of Purchase & Contract 94 DOA 0803 Nesnow 

CMC Maintenance Co., a Div. of RDS Corp. v. Dcpl. of Administration, 95 DOA 0194 Phipps 
Div. of Purchase & Contract, et al. 



03/06/95 
06/13/95 



Staie CoHstructioH Office 

W. M. Piatt & Company V. State Construction Office, DOA 94 DOA 0738 Nesnow 04/11/95 10:03 NCR 221 

Holland Group, Inc. V. Dept. of Administration, St. Construction Office 94 DOA 1565 Nesnow 06/01/95 10:07 NCR 619 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Ali Alsaras v. Alcoholic Beverage Control Commission 
Norman D. Forbes v. Alcoholic Beverage Control Commission 
Ben Sproul and Steve Pauls v. Alcoholic Beverage Control Comm. 
Albert Stanley Tomanec v. Alcoholic Beverage Control Commission 
Robert Johnson v. Alcoholic Beverage Control Commission 
Stinking Mercury, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Depot Stop N Go, Inc. 
John H. Robinson v. Alcoholic Beverage Control Commission 
Clara and Carson Young v. Alcoholic Beverage Control Commission 
Vladimir Walter Kozlik Jr. v. Alcoholic Beverage Control Commission 
Bryan Lyim Whitaker, Susan Ansley Whitaker v. ABC Commission 
Diamond Club, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Weisner, Inc. 
Robert Louis Reese v. Alcoholic Beverage Control Commission 
Ray E. Bailey v. Alcoholic Beverage Control Commission 
Legwin Z. Williams v. Alcoholic Beverage Control Commission 
Taleb Abed Rahman v. Alcoholic Beverage Control Commission 
Sherrill Douglas Langston v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Janice Mae Miles 
Imran Ali Hameerah v. Alcoholic Beverage Control Commission 
and 
City of Raleigh 
Alcoholic Beverage Control Commission v. Vladimir Walter Kozlik Jr. 
Mychal R. Hill v. Alcoholic Beverage Control Commission 
Alcoholic Bev Cont Comm. v. Partnership, T/A Royal Knights Soc Club 
Alcoholic Beverage Control Comm. v. Nancy Wheeler Wolfe 

CRIME CONTROL AND PUBLIC SAFETY 



94 ABC 0526 


Chess 


05/16/95 






94 ABC 0787 


Gray 


03/17/95 






94 ABC 1046 


Chess 


08/17/95 






94 ABC 1168 


Beclon 


03/07/95 






94 ABC 1661 


West 


05/01/95 






94 ABC 1682 


Chess 


05/03/95 






94 ABC 1694 


Mann 


03/29/95 






94 ABC 1727 


Morrison 


05/18/95 






94 ABC 1729 


Chess 


05/11/95 






94 ABC 1754"^ 


Mann 


08/02/95 


10:11 NCR 


960 


94 ABC 1784 


Mann 


04/19/95 






94 ABC 1803 


Mann 


04/07/95 






95 ABC 0068 


West 


06/07/95 






95 ABC 0074 


Chess 


05/25/95 






95 ABC 0210 


Gray 


05/01/95 






95 ABC 0224 


Nesnow 


05/31/95 


10:06 NCR 


417 


95 ABC 0323 


Phipps 


08/02/95 






95 ABC 0415 


Nesnow 


08/01/95 


10:10 NCR 


868 


95 ABC 0434 


West 


07/20/95 






95 ABC 0477 


Phipps 


07/14/95 






95 ABC 0518"" 


Mann 


08/02/95 


10:11 NCR 


960 


95 ABC 0617 


Morrison 


09/08/95 






95 ABC 0711 


Phipps 


09/14/95 






95 ABC 0713 


Phipps 


09/14/95 







i 



Patrick O. HawkJofi v. Office of Admimsiraiivc Hearings 

Crime Victims Comptnsatiom Commisdom 

John Pavlikianidis v. Victims Compeasatioa Commission 
Fay, Cynthia, S. Dalton v. Crime Victims Compensation CommiBsion 
Ptyllis H. Slcinmctz v. Crime Victims Compensation Commission 
Hubert Johnson, Edna J. Carter v. Crime Victims Compensation Comm. 
Wayne L. Utley v. Crime Victims Compensation Commission 
Sandra H. Hughes v. Victims Compcnsatioa Commission 
Kristinc S. Ray v. Crime Victims Compensation Conmiission 
Shiriey Moody Myers v. Crime Victims Compensation Commission 



95 CPS 0361 



Phipps 



94 CPS 0237 


Morrison 


94 CPS 0445*' 


West 


94 CPS 0542 


West 


94 CPS 1177 


Mann 


94 CPS 1180 


Becton 


94 CPS 1600 


Morrison 


94 CPS 1673 


Chess 


94 CPS 1674 


Chess 



08/01/95 



03/21/95 
05/30/95 
05/16/95 
06/12/95 
03/07/95 
06/09/95 
04/20/95 
04/20/95 



10:02 NCR 176 



I 



1396 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



CONTESTED CASE DECISIONS 



AGENCY 



Tliomasinc Inman v. Crime Victims Compensation Commission 

Irmgard Gordoe v. Crime Victims Compensation Commission 

Fay, Cynthia, S. Dalton v. Crime Victims Compensation Commission 

Ellen Sherwin v. Crime Vic Comp James Bynim Emp/ Baptist Hosp 

Anthony Harold Stone v. Crime Victims Compensation Commission 

Howard B. Peterson v. Crime Victims Compensation Conmiission 

Ella Ruth Jordan v. Gary B. Eichelbcrger Dir., Crime Vic. Comp. Comm. 

Lyon H. Henderson v. CPS, Victims Compensation Commission 

Larusba Bey v. Crime Victims Compensation Commission 

Percible Gaston v. Crime Victims Compensation Commission 

Morton Edward v. Crime Victims Compensation Commission 

David Leo Rice v. CPS, Crime Victims Compensation Commission 

Janet Ring Stevens v. Crime Victims Compensation Commission 

Michael A. Herd v. Crime Victims Compensation Commission 

Juan Aguilar v. Crime Victims Compensation Commission 

Albert Lionell Meadows v. Crime Victims Compensation Commission 

John Kuwalik v. Crime Victims Compensation Commission 

Sandra Jones v. Crime Victims Compensation Commission 

Edsel Batts Jr. v. CPS, Crime Victims Compensation Commission 

Mark Edward Altman v, CPS, Crime Victims Compensation Commission 

Roland Lee Kelly, Jr. v. United Family Svcs, Vic Assis/Crime Vic. Comp 

Danny Ray Bell v. Crime Victims Compensation Commission 

Margie Lunsford v. Crime Victims Compensation Commission 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AIJ 


DECISION 


REGISTER CITATION 


94 CPS 1731 


Ncsnow 


03/09/95 




94 CPS 1782 


Gray 


03/09/95 




95 CPS 0010*' 


West 


05/30/95 




95 CPS 0012 


West 


03/22/95 




95 CPS 0115 


Chess 


08/22/95 




95 CPS 0163 


Reilly 


07/06/95 




95 CPS 0181 


West 


06/21/95 




95 CPS 0212 


Morrison 


05/08/95 




95 CPS 0245 


Reilly 


06/02/95 




95 CPS 0270 


Gray 


06/13/95 




95 CPS 0331 


Phipps 


07/25/95 




95 CPS 0335 


Morrison 


09/15/95 




95 CPS 0337 


Gray 


07/21/95 




95 CPS 0349 


Chess 


08/15/95 




95 CPS 0356 


Reilly 


06/22/95 




95 CPS 0373 


Gray 


09/27/95 




95 CPS 0381 


Becton 


07/10/95 




95 CPS 0427 


Nesnow 


06/02/95 




95 CPS 0456 


Phipps 


09/29/95 




95 CPS 0461 


West 


07/25/95 




95 CPS 0568 


Phipps 


08/09/95 




95 CPS 0737 


Reilly 


09/11/95 




95 CPS 0779 


Becton 


09/19/95 





BOARD OF ELECTROLYSIS EXAMINERS 



Diane Rawls v. North Carolina Board of Electrolysis Examinere 
ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



95 BEE 0173 



West 



08/03/95 



Concrete Supply Company v. Environment, Health, &. Natural Resources 
Setzer Bros. Inc. v. Environment, Health, and Natural Resources 
Environment, Health, & Natural Resources v. Royal James Cafe 
John W. VanHoy, Jr. & Adjacent Land Owners v. EHNR 
and 
Shugart Enterprises, Inc. 
Browning-Ferris Ind. of S. Atlantic, lac. and Sampson Cty. Disposal, Inc. 
V. Dept. of Environment, Health, and Natural Resources, 

and 
Hoke County and Bladen County 



94 EHR 0950 


Gray 


05/23/95 


10:06 NCR 414 


94 EHR 1676 


Nesnow 


03/09/95 




94 EHR 1756 


Becton 


06/30/95 


10:08 NCR 696 


95 EHR 0016 


Phipps 


03/17/95 




95 EHR 0506 


West 


06/13/95 





Coastal Resources 



William C. Young v. Coastal Resources Commission 
and 
Robert L. Casper, Jr. aod Mary M. Casper 
Howard C. Slack v. Coastal Resources Comm, EHNR 



95 EHR 0009 Chess 



95 EHR 0140 Phipps 



06/13/95 



03/22/95 



10:02 NCR 185 



Davidson County Health Dtpartmemt 

John Dee Clodfcltcr v. Davidson County Health Dept.; EHNR 

Environmental Health 



94 EHR 1037 Chess 



03/13/95 



EEE-7.7.7. Lay Drain Compnay, Inc. v. On-Site Wastewater Section, 
Division of Environmental Health 



94 EHR 0745 Chess 



04/24/95 



Environmental Management 



United Screen Printers, Inc. v. EHNR, Div. of Enviroimiental Mgmt. 
Empire Power Co. and George Claik v. EHNR, Div. of Env. Mgmt. 
and 
Duke Power Company 



91EHR1179*' West 
92 EHR 002I-' Gray 



05/30/95 
04/03/95 



Consolidated cases. 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1397 



CONTESTED CASE DECISIONS 



AGENCY 

Empire Power Co. and George Clark v. EHh4R, Div. of Env. Mgmt. 
and 
Duke Power Company 
United Screen Printers, Inc. v. EHNR, Div. of Environmental Mgmt. 
Kenan Oil Company, Inc. v. EHNR, Div. of Environmental Mgmt. 
MofTitt and Pierce Constnictioa, Inc. v. EHNR, Environmental Mgmt. 

Byde Coumty Health DtparlituHt 

Fritzner Henry v. Hyde County Health Department 

Macon Comity Health Department 

Four Residents on Genva Circle v. Macon County Health Department 

Marime Fisheries 

Chancy Junior Sawyer v. EHNR, Division of Marine Fisheries 

Maternal and CHU Health 

Timmy Franklin v. EHNR Maternal & Child Hlth, Nutrition Services 
Middleburg Variety v. EHNR, MaUmal & Child Health, Nutrition Svcs. 
Taisser Shehadeh v. EHNR, Maternal & Child Health, Nutrition Svcs. 
Philip Haskins v. EHNR, Div. of MaUmal & Child Health 
Food City, Inc. v. Dept of Environment, Health, & Natural Resources 
Goldston Grocery, Larry Mis v. EHNR, Div. of MaUmal & Child Health 
Donnie Blalock v. EHNR, Maternal & Child Health, Nutrition Svcs. 

Sew Hanover County Health Department 

Gus Kalogiros v. New Hanover Co. (Health Dept.), Adm & Env. Svcs 

Pitt County PubUe Health Center 

Mary Joyoer Dudley v. Pitt County Public Health CenUr & EHNR 

Division of Solid Waste Management 

Cherokee Resources Inc. v. EHNR, Div. of Solid WasU Management 
Joyce Hildreth v. EHNR, Division of Solid WasU Management 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AU 


DECISION 


REGISTER CITATION 


92 EHR 0053*' 


Gray 


04/03/95 




93 EHR 0273** 


West 


05/30/95 




94 EHR 0894 


Nesnow 


05/08/95 




94 EHR 1755 


West 


06/06/95 





94 EHR 0924 



94 EHR 1202 



94 EHR 1786 



94 EHR 1073 



94 EHR 1043 



92 EHR 1028 
95 EHR 0851 



Wayne County Department of Health 

Habib Abdallah v. Wayne County Department of Health (WIC Program) 95 EHR 0864 

EQUAL EMPLOYMENT OPPORTUNITY 

Marsha Dianne McKoy v. DHR, Div. of MH/DD/SAS, Caswell CenUr 90 EEC 0379 

HUMAN RESOURCES 

Helen J. Walls, D/B/A Walls Young World v. Dept. of Human Resources 94 DHR 1362 

Cecilia Y. Wall, William S. Wall v. Department of Human Resources 94 DHR 1627 

Veronica Spearman, John P. Spearman v. Dept. of Human Resources 95 DHR 0216 

Sandra Jean Taylor v. Department of Human Resources 95 DHR 0366 



Division of Child Development 

lola Malloy v. DHR, Division of Child Development 

Samuel Simmons & Wife, Alphia Mack Simmons v. Human Resources 

Willie & Pamela Sturgess v. DHR. Division of Child Development 

Esther Elder v. DHR, Division of Child Development 

Theresa B. Thomas v. DHR, Division of Child Development 

Ellen H. Sams v. DHR, Division of Child Development 

Dixie Jenkins v. DHR, Division of Child Dev., Elizabeth Alexander 

Chapel Hill Day Care CenUr, Nancy Taylor v. DHR, Div. of Child Dev. 



Gray 



Nesnow 



Chess 



Morrison 



Gray 



Phipps 
Morrison 



Phipps 



Chess 



94 DHR 0849 


Mann 


94 DHR 1617 


Gray 


94 DHR 1631 


Reilly 


94 DHR 1771 


Reilly 


95 DHR 0268 


Morrison 


95 DHR 0293 


Phipps 


95 DHR 0315 


West 


95 DHR 0450 


Phipps 



03/09/95 



03/27/95 



05/22/95 



94 EHR 0288 


Gray 


05/22/95 


94 EHR 160) 


Chess 


05/01/95 


94 EHR 1711 


Chess 


05/02/95 


94 EHR 1777 


Chess 


03/09/95 


95 EHR 0372 


Reilly 


08/10/95 


95 EHR 0869 


Becton 


09/13/95 


95 EHR 0892 


Gray 


09/14/95 



04/28/95 



06/27/95 



09/29/95 
09/13/95 



09/27/95 



04/03/95 



Becton 


03/20/95 


Morrison 


07/06/95 


Reilly 


06/02/95 


Reilly 


07/19/95 



03/03/95 
09/13/95 
07/10/95 
03/17/95 
07/14/95 
08/08/95 
08/25/95 
06/02/95 



I 



i 



10:14 NCR 1410 



10:13 NCR 1205 



I 



1398 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



FatiBty Stmicti 

William H. Cooke v. DHR, Division of Facility Services 

Mildred Reece, Calvin Reece v. DHR, Division of Facility Services 

Domiciliary & Group Care Section 
Lisa Marie Shanks v. Department of Human Resources 
Brenda I. McAllister v. DHR, Division of Facility Services 

Bingo Licensurt Sectioii 



94 DHR 0565 


Gray 


03/16/95 


94 DHR 1783 


Gray 


03/16/95 


95 DHR 0121 


West 


08/03/95 


95 DHR 0149 


West 


09/11/95 



95 DHR 0040 Morrison 



The Regular Veterans Association of the United States and the Sixteen 
Posts of the Regular Veterans Association of the United States and the 
Regular Veterans Association Auxiliary Located in the State of North 
Carolina v. DHR, Division of Facility Seivices, Bingo Licensure Section 

CrrtifiaiU of Need Stcdom 

The Carrolton of Fayetteville, Inc. and Highland House of Fayetteville, 94 DHR 0197*^ Reilly 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 
The Carrolton of Fayetteville, Inc. and Highland House of Fayetteville, 94 DHR 0198*^ Reilly 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 
Retirement Villages, Inc. (Lessor), and Liberty Healthcare Ltd. 

Partnership (Lessee) D/B/A Countryside Villa of Duplin v. DHR, 

Division of Facility Services, Certificate of Need Section 
and 

Beaver Properties/Wallace, Inc., and Brian Center Health & Retirement/ 

Wallace, Inc. 



94 DHR 0403 Chess 



04/13/95 



04/05/95 



04/05/95 



12/14/94 



Office of Emergency Medical Services 

Charles M. Envin V. DHR, Facility Svcs, Off. of Emgcy. Medical Svcs. 92 DHR 1697 Chess 

Division of Medical Facilities Licensure Section 

Shelia Marie Hall v. DHR, Div/Facility Svcs., Med. Facilities Lie. Sec. 95 DHR 0307 
Joe Junior Bailey v. DHR, Div/Facility Svcs., Med. Facilities Lie. Sec. 95 DHR 0322 
Evangeline of King, Inc. v. DHR, Div/Fac Svcs, Med. Facilities Lie. Sec. 95 DHR 0413 

Division of Medical Assistance 

A.S., by and through her agent and personal representative. Hank Neal 93 DHR 1736 Reilly 

v. DHR, Division of Medical Assistance 
D.A., by and through bis agent and personal representative, Hank Neal 93 DHR 1737 Reilly 

V. DHR, Division of Medical Assistance 



05/16/95 



Nesnow 


08/11/95 


Becton 


09/13/95 


Reilly 


08/14/95 



05/22/95 
05/22/95 



10:06 NCR 409 



Division of Social Services 

Child Support Enforcement Section 

Daniel J. Carter v. Department of Human Resources 
Shawn Dominic Caldwell v. Department of Human Resources 
William Zonta Thompson v. Department of Human Resources 
Jackie E. Hackney v. Department of Human Resources 
Lenzo Davis v. Department of Human Resources 
Frank M. Swett v. Department of Human Resources 
Elbert Quick v. Department of Human Resources 
Dennis E. Barkley v. Department of Human Resources 
Clement McMillan v. Department of Human Resources 
Herbert James Jackson m v. Department of Human Resources 
Larry James Walker Jr. v. Department of Human Resources 
James R. Gray v. Department of Human Resources 
Manuel F. Isla v. Department of Human Resources 



91 CSE 1103 


Morrison 


03/03/95 


92 CSE 1449 


Reilly 


03/29/95 


92 CSE 1559 


Reilly 


03/29/95 


93 CSE 1088 


Chess 


03/20/95 


93 CSE nil 


Becton 


07/12/95 


93 CSE 1123*' 


Reilly 


05/16/95 


93 CSE 1169 


Chess 


03/08/95 


93 CSE 1187 


Reilly 


06/30/95 


93 CSE 1208 


Chess 


03/08/95 


93 CSE 1209 


Mann 


08/11/95 


93 CSE 1255 


Morrison 


06/12/95 


93 CSE 1268 


Chess 


03/08/95 


93 CSE 1270*'" 


Becton 


07/28/95 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1399 



CONTESTED CASE DECISIONS 



AGENCY 



John D. Bird v. Department of Human Resources 
Lacy Green. Jr. v. Department of Human Resources 
Leon McNair v. E)epartmcnt of Human Resources 
Edwin A. Clarice v. Department of Human Resources 
Wolfgang R. Walker v. Department of Human Resources 
Wyatt Roscboro v. Department of Human Resources 
Lloyd Lane Spcakc v. Department of Human Resources 
Raymood E. I>rc8ser v. Department of Human Resources 
Terry L. Yoder v. E>cpartmcnt of Human Resources 
Ronald E. Lewis v. Department of Human Resources 
Richard L. Hiott v. Department of Human Resources 
Cecil Ray Hinshaw v. Department of Human Resources 
Terry C. Brown v. Department of Human Resources 
Paul R. Johnson v. Department of Human Resources 
Henry C. Banks v. Department of Human Resources 
Lucille B. Duller v. Department of Human Resources 
Charles Bascom Kiker v. Department of Human Resources 
Mandcl Curry Edwards v. Department of Human Resources 
Tony M. Tart v. Department of Human Resources 
Wade E. Hampton v. Department of Human Resources 
Cecedrick Scott v. Department of Human Resources 
Gary Jay Stocks v. Department of Human Resources 
Paul E. Strawcutlcr v. Department of Human Resources 
John L. Osbome (Jr.) v. Department of Human Resources 
Richard L. Garvcr v. Department of Human Resources 
Jerry Glasper v. Department of Human Resources 
Cary G Dannelly v. Department of Human Resources 
Rob>ert G. Baker v. Department of Human Resources 
Tyrone Waddell v. Department of Human Resources 
Robert R. Thomas v. Department of Human Resources 
Bernard T. Wade v. Department of Human Resources 
Robert Earl White v. Department of Human Resources 
Willie Scott v. Department of Human Resources 
Rochester Levi Jones v. Department of Human Resources 
Timothy Brian EUer v. Department of Human Resources 
Morgan Pate. Jr. v. E>epartment of Human Resources 
Robert E. Dudley, Sr. v. Department of Human Resources 
Julian Lattimorc v. Department of Human Resources 
James McFadden v. Department of Human Resources 
Wesley B. Meggs v. Department of Human Resources 
Anthony D. McCain v. Department of Human Resources 
John C. Kay v. Department of Human Resources 
Raymond B. Clontz Jr. v. Department of Human Resources 
James C. Rogers v. Department of Human Resources 
Ruby Fewell Henry v. Department of Human Resources 
Michael Leon McCain v. Department of Human Resources 
James A. Honer v. Department of Human Resources 
George C. Flowers v. Department of Human Resources 
Kcndrick William Sims v. Department of Human Resources 
Carl E. Coffey v. Department of Human Resources 
Michael W. Bowen v. Department of Human Resources 
Roderick J. Smith v. Department of Human Resources 
Richard Dill v. Department of Human Resources 
James E. Freeman v. Department of Human Resources 
Jonathan D. Cauthen v. Ckrpartment of Human Resources 
Ronnie J. Goins v. Department of Human Resources 
Ted C. Jenkins v. Department of Human Resources 
Anthony J. Gibbons v. Department of Human Resources 
Robert Wilson v. Department of Human Resources 
Grant Jutes Marks v. Department of Human Resources 
Aaron C. Harris v. Department of Human Resources 
Donald L. Coelello Sr. v. Department of Human Resources 
Kelvin L. Lankford v. Department of Human Resources 
Jeffrey Thomas Chambers v. Department of Human Resources 
Robert J. Holden v. Department of Human Resources 
Janet M. Johnson v. Department of Human Resources 
Michael L. Wright v. Department of Human Resources 
Terry S. Gurganus v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


AIJ 


DECISION 


93 CSE 


1272 


Gray 


06/26/95 


93 CSE 


1295 


Chess 


03/08/95 


93 CSE 


1317 


Bccton 


04/04/95 


93 CSE 


1319 


Chess 


03/08/95 


93 CSE 


1374 


Gray 


04/28/95 


93 CSE 


1423 


Bcclon 


04/25/95 


93 CSE 


1451 


Chess 


03/22/95 


93 CSE 


1459 


Reilly 


06/23/95 


93 CSE 


1498 


Nesnow 


06/02/95 


93 CSE 


1508 


Mann 


05/18/95 


93 CSE 


1509 


Mann 


04/21/95 


93 CSE 


1513 


Gray 


05/08/95 


93 CSE 


1516 


Morrison 


05/08/95 


93 CSE 


1546 


Gray 


06/27/95 


93 CSE 


1556 


Chess 


03/22/95 


93 CSE 


1558 


Chess 


03/13/95 


93 CSE 


1561 


Mann 


04/21/95 


93 CSE 


1566** 


Gray 


05/31/95 


93 CSE 


1588 


Bee ton 


06/08/95 


93 CSE 


1593 


Chess 


04/20/95 


93 CSE 


1651 


Chess 


07/20/95 


93 CSE 


1652 


Chess 


03/21/95 


93 CSE 


1713 


Mann 


03/13/95 


94 CSE 0140 


Mann 


05/30/95 


94 CSE 0512 


Becton 


06/12/95 


94 CSE 


1016 


Nesnow 


07/21/95 


94 CSE 


1033 


Nesnow 


03/24/95 


94 CSE 


1094 


Chess 


03/06/95 


94 CSE 


1096 


Mann 


05/30/95 


94 CSE 


1100 


Becton 


07/28/95 


94 CSE 


1101 


Becton 


04/03/95 


94 CSE 


1102 


Chess 


08/08/95 


94 CSE 


1109 


Chess 


06/28/95 


94 CSE 


1116 


Chess 


05/15/95 


94 CSE 


1119 


Reilly 


03/29/95 


94 CSE 


1127 


Mann 


03/20/95 


94 CSE 


1128 


Mann 


03/31/95 


94 CSE 


1131 


Reilly 


03/13/95 


94 CSE 


1132 


West 


03/14/95 


94 CSE 


1137 


Gray 


08/09/95 


94 CSE 


1141 


Nesnow 


05/16/95 


94 CSE 


1143 


Chess 


04/13/95 


94 CSE 


1149 


Nesnow 


03/03/95 


94 CSE 


1153 


Gray 


04/04/95 


94 CSE 


1157 


Nesnow 


03/16/95 


94 CSE 


1158 


Becton 


05/16/95 


94 CSE 


1160 


Mann 


08/03/95 


94 CSE 


1 184 


Mann 


05/02/95 


94 CSE 


1186 


Chess 


05/01/95 


94 CSE 


1191 


West 


05/25/95 


94 CSE 


1192 


Nesnow 


07/21/95 


94 CSE 


1193 


Becton 


06/26/95 


94 CSE 


1195 


Mann 


03/29/95 


94 CSE 


1199 


West 


07/18/95 


94 CSE 


1213 


Chess 


06/01/95 


94 CSE 


1214 


Chess 


06/01/95 


94 CSE 


1218 


Gray 


03/15/95 


94 CSE 


1219 


Gray 


03/15/95 


94 CSE 


1220 


Gray 


07/21/95 


94 CSE 


1222 


Morrison 


06/13/95 


94 CSE 


1225 


Reilly 


04/10/95 


94 CSE 


1228 


West 


03/17/95 


94 CSE 


1229 


West 


03/17/95 


94 CSE 


1231 


Nesnow 


03/03/95 


94 CSE 1232 


Nesnow 


03/15/95 


94 CSE 


1236 


Mann 


06/02/95 


94 CSE 


1237 


Gray 


03/15/95 


94 CSE 12J9 


Gray 


03/02/95 



PUBLISHED INCISION 
REGISTER CITATION 



I 



i 



< 



1400 



NORTH CAROUNA REGISTER 



October 16, 1995 



10:14 



CONTESTED CASE DECISIONS 



AGENCY 



John Napoleon Window Cross Pullium v. Dept of Human Resources 

Charles F. Haag Jr. v. Department of Human Resources 

Michael J. Montroy v. Department of Human Resources 

Linton Durante v. Department of Human Resources 

Timothy Rex Waddell v. Department of Human Resources 

Clarence Benjamin Banks Jr. v. Department of Human Resources 

Warren M. Williams v. Department of Human Resources 

Dennis L. Moore v. Department of Human Resources 

Dennis W. Cashion v. Department of Human Resources 

John Carroll Rodgers v. Department of Human Resources 

James Edward Knox, Jr. v. Department of Human Resources 

Kimberly M. Rinaldi, Robert L. Rinaldi v. Dept. of Human Resources 

David House v. Department of Human Resources 

Jerry Wayne Blanton v. Department of Human Resources 

Antonio Staton v. Department of Human Resources 

Aqustin S. Sanchez v. Department of Human Resources 

Fred Carter Jr. v. Department of Human Resources 

Ricky Ratliff v. Department of Human Resources 

Willie McNeil Jr. v. Department of Human Resources 

Ray Douglas Brickhouse v. Department of Human Resources 

Tyron G. Moore v. Department of Human Resources 

Paul A. Card v. Department of Human Resources 

James P. Barton, III v. Department of Human Resources 

Darrin Yancey v. Department of Human Resources 

Douglas L. Lucas v. Department of Human Resources 

Gregory D. Simpson v. Department of Human Resources 

Lewis A. Garris v. Department of Human Resources 

Michael Lyim Avery v. Department of Human Resources 

Elvis M. Graham v. Department of Human Resources 

Shawn Fonville v. Department of Human Resources 

David Allan Blan v. Department of Human Resources 

James Lee, Jr. v. Department of Human Resources 

Noah L. Houston, Sr. v. Department of Human Resources 

Wilma Lee Burton v. Department of Human Resources 

Shannon Vanderaa v. Department of Human Resources 

Anthony Murray v. Department of Human Resources 

Carl J. McGuire v. Department of Human Resources 

Tommy L. Burchfield v. Department of Human Resources 

Virgil L. Newby v. Department of Human Resources 

Gregory A. Rodrigues v. Department of Human Resources 

Nelson D. Edmonds v. Department of Human Resources 

Larry R. Bales v. Department of Human Resources 

Karl Philip Jursen v. Department of Human Resources 

David Harrington v. Department of Human Resources 

Sterling Womack v. Department of Human Resources 

Michael L. Franks v. Department of Human Resources 

Hubert Bowe v. Department of Human Resources 

Edward Fitch v. Department of Human Resources 

Otis Lewis Jr. v. Department of Human Resources 

Robert F. Catoe Jr. v. Department of Human Resources 

William Anthony Winchester v. Department of Human Resources 

Aaron L. Clark v. Department of Human Resources 

Vincent R. Valles Sr. v. Department of Human Resources 

Gary W. Gibson v. Department of Human Resources 

Mark A. West v. Department of Human Resources 

John E. Bolas Jr. v. Department of Human Resources 

Gary C. Wiggins v. Department of Human Resources 

Rhotmie J. Williams v. Department of Human Resources 

Danny Ray Hensley v. Department of Human Resources 

Stanley Moore v. Department of Human Resources 

Rawn Weigel v. Department of Human Resources 

David C. Glenn v. Department of Human Resources 

Marc F. Carboni v. Department of Human Resources 

Ivy M. Harvell v. Department of Human Resources 

Terry L. McMillon v. Department of Human Resources 

Garry G. Hickman v. Department of Human Resources 

Willie Herring v. Department of Human Resources 

Joe C. Dean v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


M^ 


DECISION 


REGIS'IER CITATION 


94 CSE 1241 


Gray 


03/15/95 




94 CSE 1242 


Gray 


05/31/95 




94 CSE 1244 


Morrison 


03/13/95 




94 CSE 1245 


Morrison 


06/26/95 




94 CSE 1246 


Morrison 


06/26/95 




94 CSE 1247 


Morrison 


05/17/95 




94 CSE 124S 


Morrison 


07/11/95 




94 CSE 1249 


Morrison 


03/02/95 




94 CSE 1250 


Morrison 


07/10/95 




94 CSE 1251 


Reilly 


05/18/95 




94 CSE 1254 


Reilly 


03/13/95 




94 CSE 1255 


Reilly 


05/18/95 




94 CSE 1256 


Reilly 


03/15/95 




94 CSE 1257 


Reilly 


08/1 1/95 




94 CSE 1258 


West 


07/21/95 




94 CSE 1259 


West 


03/06/95 




94 CSE 1260 


West 


05/22/95 




94 CSE 1261 


West 


03/17/95 




94 CSE 1262 


West 


03/17/95 




94 CSE 1263 


West 


03/17/95 




94 CSE 1264 


West 


03/17/95 




94 CSE 1266 


Nesnow 


03/13/95 




94 CSE 1267 


Nesnow 


06/02/95 




94 CSE 1269 


Nesnow 


03/15/95 




94 CSE 1270 


Nesnow 


03/15/95 




94 CSE 1272 


Becton 


03/15/95 




94 CSE 1273 


Bee ton 


07/28/95 




94 CSE 1274 


Becton 


03/15/95 




94 CSE 1275 


Becton 


03/15/95 




94 CSE 1277 


Becton 


03/06/95 




94 CSE 1279 


Chess 


07/26/95 




94 CSE 1280 


Chess 


04/10/95 




94 CSE 1284 


Chess 


04/26/95 




94 CSE 1285 


Chess 


07/12/95 




94 CSE 1286 


Mann 


03/21/95 




94 CSE 1287 


Mann 


03/21/95 




94 CSE 1288 


Mann 


08/03/95 




94 CSE 1289 


Mann 


03/21/95 




94 CSE 1290 


Mann 


08/11/95 




94 CSE 1300 


Maim 


03/21/95 




94 CSE 1301 


Gray 


07/27/95 




94 CSE 1302 


Gray 


03/02/95 




94 CSE 1303 


Gray 


03/15/95 




94 CSE 1304 


Morrison 


05/22/95 




94 CSE 1305 


Morrison 


05/18/95 




94 CSE 1307 


Gray 


09/21/95 




94 CSE 1308 


Mann 


05/18/95 




94 CSE 1313 


Maim 


05/02/95 




94 CSE 1314 


Mann 


03/21/95 




94 CSE 1329 


Morrison 


03/15/95 




94 CSE 1331 


Reilly 


03/15/95 




94 CSE 1332 


Reilly 


03/15/95 




94 CSE 1333 


West 


03/17/95 




94 CSE 1334 


West 


03/06/95 




94 CSE 1335 


West 


03/17/95 




94 CSE 1336 


Nesnow 


03/15/95 




94 CSE 1338 


Nesnow 


03/15/95 




94 CSE 1339 


Becton 


03/15/95 




94 CSE 1340 


Becton 


03/15/95 




94 CSE 1341 


Becton 


07/28/95 




94 CSE 1342 


Chess 


05/22/95 




94 CSE 1343 


Chess 


04/20/95 




94 CSE 1344 


Chess 


06/01/95 




94 CSE 1345 


Mann 


03/21/95 




94 CSE 1346 


Mann 


03/21/95 




94 CSE 1348 


Gray 


03/15/95 




94 CSE 1350 


Morrison 


03/02/95 




94 CSE 1351 


Morrison 


03/15/95 





10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1401 



CONTESTED CASE DECISIONS 



AGENCY 



Jimmie E. Barnes v. Department of Human Resources 
Cecilia Carmoeino v. Department of Human Resource* 
Marvin F. Walker v. Department of Human Resources 
Richard J. Almeida v. Department of Human Resources 
Gary E. Mills v. Department of Human Resources 
Michael R. French v. Department of Human Resources 
William R. Casey v. Department of Human Resources 
John A. Jackson v. Department of Human Resources 
Michael R. Roberts v. Department of Human Resources 
Kevin R. Nienkc v. Department of Human Resources 
Clcolhis B. Smith v. Department of Human Resources 
Lcroy JohoBon Jr. v. Department of Human Resources 
James Patterson v. Department of Human Resources 
Thomas Colon v. Department of Human Resources 
Walter Swimiak Jr. v. Department of Human Resources 
Michael R. Strong v. Department of Human Resources 
Marion Rodriguez v. Department of Human Resources 
Van Edward Arrington v. Department of Human Resources 
Jerry L. White Sr. v. Department of Human Resources 
Dennis James Grimes v. Department of Human Resources 
Scott John Tozzi v. Department of Human Resources 
Wylie Norris Cooper Jr. v. Department of Human Resources 
Roger A. Eaton v. Department of Human Resources 
Willie J. Flowers Jr. v. Department of Human Resources 
Jeffrey James Spence v. Department of Human Resources 
Byron C. Alston v. Department of Human Resources 
Oliver Lee Wolfe Sr. v. Department of Human Resources 
James Tracy Strickland v. Department of Human Resources 
Michael K. Reese v. Department of Human Resources 
Albert D. Johnson v. Department of Human Resources 
Johnny A. Stroud v. Department of Human Resources 
Richard G. Modford, Jr. v. Department of Human Resources 
Theresa Strader v. Department of Human Resources 
James F. Williams v. Department of Human Resources 
John Bell Shelton v. Department of Human Resources 
Kennedy C. Uzomba v. Department of Human Resources 
Marion A. Ward v. Department of Human Resources 
Robert H. Owens v. Department of Human Resources 
Samuel A. Lewis v. Department of Human Resources 
Robert Lee Wall v. Department of Human Resources 
James M. Breaden Jr. v. Department of Human Resources 
Peter G. Coley v. Department of Human Resources 
Benjamin Nuriddin v. Department of Human Resources 
Robert L. Carter v. Department of Human Resources 
Danny Columbus Baker v. Department of Human Resources 
Duke William Dupre' v. Department of Human Resources 
Audrey Jennings v. Department of Human Resources 
Robert S. Moore v. Department of Human Resources 
Michael A. Camp v. Department of Human Resources 
Martin J. Miller v. Department of Human Resources 
Steven L. Cox v. Department of Human Resources 
Michael P. Cleary v. Department of Human Resources 
Willie Cherry, Jr. v. Department of Human Resources 
Michael D. Guyther v. Department of Human Resources 
Charlie Sturdivant v. Department of Human Resources 
William V. Glennon v. Department of Human Resources 
Alaster Williams v. Department of Human Resources 
Henry L. Gibbs v. Department of Human Resources 
Roger Gene Fehlhaber v. Department of Human Resources 
Donald Ray Solis v. Department of Human Resources 
Lawrence Dow Dean v. Department of Human Resources 
Beau L. Miller v. Department of Human Resources 
Claude E. Alston v. Department of Human Resources 
Elizabeth F. West v. Department of Human Resources 
John H. Underwood v. Department of Human Resources 
James T. Dudley Jr. v. Department of Human Resources 
Cornelius L. Jones v. Department of Human Resources 
Lori Davis Humphrey v. Department of Human Resources 



CAS 


;e 




DATE OF 


NUMBER 


AU 


DECISION 


94CSE 


1352 


ReiUy 


03/03/95 


94CSE 


1354 


West 


03/17/95 


94CSE 


1355 


West 


03/17/95 


94 CSE 


1357 


Nesnow 


03/15/95 


94CSE 


1358 


Bccton 


08/29/95 


94 CSE 


1359 


Becton 


03/15/95 


94 CSE 


1369 


Mann 


05/02/95 


94 CSE 


1370 


Msnn 


03/07/95 


94 CSE 


1371 


Mann 


03/21/95 


94 CSE 


1372 


Gray 


07/18/95 


94 CSE 


1373 


Gray 


03/15/95 


94 CSE 


1377 


Mann 


03/31/95 


94 CSE 


1378 


Morrison 


03/15/95 


94 CSE 


1379 


Rcilly 


03/15/95 


94 CSE 


1382 


West 


03/17/95 


94 CSE 


1383 


West 


07/18/95 


94 CSE 


1385 


Nesnow 


03/03/95 


94 CSE 


1386 


West 


07/18/95 


94 CSE 


1387 


Nesnow 


03/15/95 


94 CSE 


1388 


Becton 


03/15/95 


94 CSE 


1389 


Becton 


03/15/95 


94 CSE 1391 


Mann 


08/30/95 


94 CSE 


1392 


Gray 


03/09/95 


94 CSE 


1393 


Morrison 


03/15/95 


94 CSE 


1394 


Reilly 


03/15/95 


94 CSE 


1396 


Nesnow 


03/03/95 


94 CSE 


1397 


Mann 


03/31/95 


94 CSE 


1398 


Mann 


03/31/95 


94 CSE 


1412 


Gray 


03/31/95 


94 CSE 


1413 


Gray 


06/26/95 


94 CSE 


1414 


Gray 


06/27/95 


94 CSE 


1415 


Morrison 


03/02/95 


94 CSE 


1416 


Morrison 


03/21/95 


94 CSE 


1417 


Morrison 


03/21/95 


94 CSE 


1419 


Morrison 


06/26/95 


94 CSE 


1420 


Reilly 


04/03/95 


94 CSE 


1421 


Reilly 


03/03/95 


94 CSE 


1423 


Reilly 


06/02/95 


94 CSE 


1424 


Reilly 


04/03/95 


94 CSE 


1425 


West 


03/31/95 


94 CSE 1426 


West 


03/31/95 


94 CSE 


1427 


West 


03/31/95 


94 CSE 


1429 


West 


03/31/95 


94 CSE 


1430 


Nesnow 


03/24/95 


94 CSE 


1431 


NesDow 


03/24/95 


94 CSE 


1432 


Nesnow 


03/24/95 


94 CSE 


1433 


Nesnow 


03/24/95 


94 CSE 


1434 


Nesnow 


07/11/95 


94 CSE 


1435 


Becton 


03/06/95 


94 CSE 


1436 


Becton 


03/06/95 


94 CSE 


1437 


Becton 


07/28/95 


94 CSE 


1438 


Becton 


07/05/95 


94 CSE 


1439 


Chess 


03/03/95 


94 CSE 


1441 


Chess 


07/18/95 


94 CSE 


1442 


Chess 


06/29/95 


94 CSE 


1444 


Mann 


03/07/95 


94 CSE 


1445 


Gray 


03/02/95 


94 CSE 


1446 


Morrison 


03/21/95 


94 CSE 


1447 


Reilly 


04/03/95 


94 CSE 


1449 


Nesnow 


07/26/95 


94 CSE 


1450 


Gray 


06/09/95 


94 CSE 


1452 


West 


03/07/95 


94 CSE 1454 


Nesnow 


04/17/95 


94 CSE 


1455 


Nesnow 


03/07/95 


94 CSE 


1456 


Nesnow 


04/17/95 


94 CSE 


1457 


Nesnow 


04/28/95 


94 CSE 


1458 


Nesnow 


08/10/95 


94 CSE 


1459 


Becton 


03/06/95 



PUBLISHED DECISION 
REGISTER CITATION 



1402 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



CONTESTED CASE DECISIONS 



AGENCY 



Robert L. Freeland, Jr. v. D^>arlinent of Human Resources 

Antonio Dardcn (TV-D #1237637) v. Department of Human Resources 

Antonio Dardcn (IV-D #1280116) v. Department of Human Resources 

Antonio Dardcn (IV-D #1233347) v. Department of Human Resources 

Leonard Keith Morgan v. Department of Human Resources 

Michael Shannon v. Department of Human Resources 

Scott Thackrah v. Department of Human Resources 

Cyrus R. Luallen v. Department of Human Resources 

Harold Dean Horn v. Department of Human Resources 

James B. Miller v. D^artmeot of Human Resources 

Glenn Allison v. Department of Human Resources 

Louis R. Salamone v. Department of Human Resources 

Lee R. Jones v. Department of Human Resources 

Randy Norris Willis v. Department of Human Resources 

Michael E. Bellamy v. Department of Human Resources 

Eddie James Johnson v. Department of Human Resources 

Coley C. Matthews v. Department of Human Resources 

Willie J. Gadson v. Department of Human Resources 

Joseph K. Gatewood v. Department of Human Resources 

Donald Lee Barcliff v. Department of Human Resources 

James W. Nunnery v. Department of Human Resources 

Terrance Freeman v. Department of Human Resources 

William Leroy Watkins v. Department of Human Resources 

Bailey White v. Department of Human Resources 

Shannon Woodall v. Department of Human Resources 

Peter Ian Oliveira v. Department of Human Resources 

Ronald E. Lewis v. Department of Human Resources 

Wesley Kelvin Cook v. Department of Human Resources 

Everett Lee Hunt v. Department of Human Resources 

Kenneth W. Cahoon v. Department of Human Resources 

Ricky S. Blake v. Department of Human Resources 

Rick E. Atkins v. Department of Human Resources 

Timothy James Burnett v. Department of Human Resources 

Carlos L. Robinson v. Department of Human Resources 

Eddie O. Toro v. Department of Human Resources 

Timothy Mark Johnson v. Department of Human Resources 

Alan W. Karsner v. Department of Human Resources 

Walter J. Sturdivant v. Department of Human Resources 

Volna Ramone Gales v. Department of Human Resources 

Bruce Kelly Jacobs v. Department of Human Resources 

Tony Collins v. Department of Human Resources 

Ronald O. Biggs v. Department of Human Resources 

Keith Dewayne Senters v. D^artment of Human Resources 

Walter E. Champion Jr. v. Department of Human Resources 

Marvin B. Harris v. Department of Human Resources 

Jay C. Edwards, m v. Department of Human Resources 

William Hyman v. Department of Human Resources 

David M. Manson v. Department of Human Resources 

Mahalon E. White v. Department of Human Resources 

Dennis Ray Alexander v. Department of Human Resources 

Joseph R. & Linda M. Grooms v. Department of Human Resources 

Robert M. Martin v. Department of Human Resources 

Ashton Berry Gatlin v. Department of Human Resources 

Louis Cragg III v. Department of Human Resources 

Dennis Micheal Sanders v. Department of Human Resources 

Anthony Bonini v. Department of Human Resources 

Jerry Wallace v. Department of Human Resources 

John D. Twine Sr. v. Department of Human Resources 

David A. Gaskins v. Department of Human Resources 

Kevin Ervin Kelley v. E>epartment of Human Resources 

Nathaniel Aahford v. Department of Human Resources 

Gilbert S. McLeod v. Department of Human Resources 

Ellen Downing v. Department of Human Resources 

Charles R. Hauley v. Department of Human Resources 

Michael L. Schadler v. Department of Human Resources 

Owen B. Fisher Jr. v. Department of Human Resources 

Robin Delmar Goods v. Department of Human Resources 

Julio Alvarado Jr. v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ[ 


DECISION 


REGISTER CITATION 


94 CSE 1460 


Becton 


04/07/95 




94 CSE 1461 


BectoD 


04/07/95 




94 CSE 1462 


Becton 


04/07/95 




94 CSE 1463 


Becton 


04/07/95 




94 CSE 1464 


Chess 


08/15/95 




94 CSE 1466 


Chess 


06/09/95 




94 CSE 1468 


Chess 


07/20/95 




94 CSE 1470 


Mann 


03/31/95 




94 CSE 1471 


Mann 


03/07/95 




94 CSE 1472 


Mann 


03/07/95 




94 CSE 1473 


Gray 


03/02/95 




94 CSE 1474 


Gray 


03/09/95 




94 CSE 1475 


Gray 


05/19/95 




94 CSE 1476 


Morrison 


03/21/95 




94 CSE 1477 


Morrison 


03/02/95 




94 CSE 1478 


Morrison 


03/02/95 




94 CSE 1479 


Morrison 


03/21/95 




94 CSE 1480 


ReiUy 


04/10/95 




94 CSE 1481 


Reilly 


06/26/95 




94 CSE 1482 


Reilly 


04/10/95 




94 CSE 1484 


Nesnow 


04/17/95 




94 CSE 1485 


Nesnow 


07/11/95 




94 CSE 1486 


Nesnow 


04/17/95 




94 CSE 1487 


Nesnow 


05/23/95 




94 CSE 1488 


Becton 


07/18/95 




94 CSE 1489 


Becton 


03/07/95 




94 CSE 1491 


Becton 


03/07/95 




94 CSE 1492 


Becton 


04/07/95 




94 CSE 1493 


Chess 


06/01/95 




94 CSE 1494 


Chess 


07/12/95 




94 CSE 1495 


Chess 


06/22/95 




94 CSE 1496 


Chess 


06/28/95 




94 CSE 1498 


Chess 


07/20/95 




94 CSE 1499 


Mann 


03/31/95 




94 CSE 1500 


Mann 


03/31/95 




94 CSE 1502 


Mann 


05/02/95 




94 CSE 1503 


Mann 


05/02/95 




94 CSE 1504 


Gray 


06/26/95 




94 CSE 1505 


Gray 


04/07/95 




94 CSE 1508 


Gray 


03/31/95 




94 CSE 1511 


Gray 


03/02/95 




94 CSE 1512 


Gray 


04/07/95 




94 CSE 1513 


Gray 


04/28/95 




94 CSE 1515 


Morrison 


08/04/95 




94 CSE 1533 


Morrison 


03/02/95 




94 CSE 1534 


Morrison 


04/06/95 




94 CSE 1535 


Morrison 


06/26/95 




94 CSE 1536 


Morrison 


09/21/95 




94 CSE 1537 


Morrison 


04/06/95 




94 CSE 1538 


Reilly 


03/03/95 




94 CSE 1539 


Reilly 


03/07/95 




94 CSE 1541 


Reilly 


03/07/95 




94 CSE 1542 


Reilly 


04/10/95 




94 CSE 1543 


West 


03/06/95 




94 CSE 1544 


West 


06/23/95 




94 CSE 1545 


West 


07/18/95 




94 CSE 1546 


West 


08/25/95 




94 CSE 1547 


West 


07/18/95 




94 CSE 1548 


West 


05/22/95 




94 CSE 1549 


Nesnow 


06/02/95 




94 CSE 1551 


Nesnow 


07/26/95 




94 CSE 1552 


Nesnow 


09/28/95 




94 CSE 1553 


Nesnow 


03/30/95 




94 CSE 1554 


Becton 


03/07/95 




94 CSE 1555 


Becton 


03/07/95 




94 CSE 1562 


Becton 


04/07/95 




94 CSE 1563 


Becton 


04/07/95 




94 CSE 1564 


Becton 


05/22/95 





NORTH CAROLINA REGISTER 



October 16, 1995 



1403 



CONTESTED CASE DECISIONS 



AGENCY 



Thomafl A. Morgan v. Dq^artmeol of Human Resources 
Tcrrcnce R. McLaughlin v. Department of Human Resources 
Johnnie V. Johnson v. Department of Human Resources 
Ward F. Miller v. Department of Human Resources 
Joel P. Roth V. Department of Human Resources 
Atward T. Warren v. Department of Human Resources 
Monte Harwell v. Department of Human Resources 
Albert Noah Dunlap v. Department of Human Resources 
James E. Davis v. Department of Human Resources 
Roger T. Benoy v. Department of Human Resources 
Spencer P. Johnson v. Department of Human Resources 
James A. Bryant v. Department of Human Resources 
Conradc Dunklin v. Department of Human Resources 
Kenneth J. Balfour v. Department of Human Resources 
Tony Thomas v. Department of Human Resources 
Willie A. Harris v. Department of Human Resources 
Walter T. Townscnd Jr. v. Department of Human Resources 
Martin A. Greene v. Department of Human Resources 
Dennis W. Nolan v. Department of Human Resources 
Roderick Oiell Adams v. Department of Human Resources 
Jonathan L. Payne n v. Department of Human Resources 
Charles Scott Wilhoit v. Department of Human Resources 
Mickey Bridgett v. Department of Human Resources 
John Kimmons v. Department of Human Resources 
Randolph J. Nunn v. Department of Human Resources 
David Lester Gordon v. Department of Human Resources 
Larry James Walker, Jr. v. Department of Human Resources 
Wade A. Burgess v. Department of Human Resources 
Gary Jones v. Department of Human Resources 
Anthony Harrison v. Department of Human Resources 
Eddie L. Oliver HI v. Department of Human Resources 
Michael D. Tyree v. Department of Human Resources 
Edward Fisher v. Department of Human Resources 
Leroy Jones v. Department of Human Resources 
Bernard Cooper v. Department of Human Resources 
William Gray v. Department of Human Resources 
Edward Lockhart v. Department of Human Resources 
EKiane B. Marshhum v. Department of Human Resources 
Jimmy R. Jackson v. Department of Human Resources 
Mari: A. Jones v. Department of Human Resources 
Ondino Damota Freitas v. Department of Human Resources 
Tony Monzell Perry v. Department of Human Resources 
Frank M. SweCt v. Department of Human Resources 
James B. Slokcs Jr. v. Department of Human Resources 
Edith Christine Spurlock v. Department of Human Resources 
Andrew P. Jergens v. Department of Human Resources 
Nelson Bennett v. Department of Human Resources 
Eric L. McDonald v. Department of Human Resources 
Kevin Close v. Department of Human Resources 
Stephen L. Blankenship v. Department of Human Resources 
Hei+>ert T. Robertson v. Department of Human Resources 
Kenny R. Bradshaw v. Department of Human Resources 
Eddie Harris Jr. v. Department of Human Resources 
Ronnie P. Stephens v. Department of Human Resources 
Anthony B. Gardner v. Department of Human Resources 
Timothy C. Okeke v. Department of Human Resources 
Lewis M. Scarborough v. Department of Human Resources 
Manuel F. Isla v. Department of Human Resources 
Robert Larry Martin v. Department of Human Resources 
Dwane M. Williams v. Department of Human Resources 
Joseph O. Evans v. Department of Human Resources 
Donald E. Kirby v. Department of Human Resources 
Darcll D. Gaulicr v. Department of Human Resources 
Paul R. Ross V. Department of Human Resources 
Bobby Dain Massey v. Department of Human Resources 
Mandel Curry Edwards v. Department of Human Resources 
Carol Jeanne Dccsc v. Department of Human Resources 
James Wright Jr. v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


Ay 


DECISION 


94 CSE 


1567 


Chesg 


06/02/95 


94CSE 


1569 


Chess 


03/07/95 


94 CSE 


1570 


Chess 


06/28/95 


94 CSE 


1571 


Chess 


04/19/95 


94 CSE 


1572 


West 


03/14/95 


94 CSE 


1573 


West 


03/31/95 


94 CSE 


1576 


West 


07/18/95 


94 CSE 


1577 


Reilly 


04/10/95 


94 CSE 


1578 


Reilly 


04/10/95 


94 CSE 


1579 


Reilly 


03/03/95 


94 CSE 


1580 


Reilly 


04/10/95 


94 CSE 


1582 


Morrison 


04/06/95 


94 CSE 


1583 


Morrison 


04/06/95 


94 CSE 


1584 


Morrison 


03/07/95 


94 CSE 


1585 


Morrison 


07/26/95 


94 CSE 


1586 


Morrison 


04/06/95 


94 CSE 


1587 


Gray 


04/28/95 


94 CSE 


1588 


Gray 


08/11/95 


94 CSE 


1590 


Gray 


03/31/95 


94 CSE 


1591 


Gray 


04/07/95 


94 CSE 


1592 


Morrison 


04/06/95 


94 CSE 


1594 


Reilly 


04/21/95 


94 CSE 


1595 


West 


05/08/95 


94 CSE 


1596 


Nesnow 


04/17/95 


94 CSE 


1608 


Mann 


03/21/95 


94 CSE 


1609 


Mann 


03/13/95 


94 CSE 


1610 


Chess 


06/01/95 


94 CSE 


161! 


Chess 


06/09/95 


94 CSE 


1612 


Chess 


07/12/95 


94 CSE 


1615 


Becton 


04/07/95 


94 CSE 


1616 


Bcclon 


07/10/95 


94 CSE 


1619 


Bee ton 


04/07/95 


94 CSE 


1621 


Bee ton 


04/07/95 


94 CSE 


1622 


Nesnow 


07/05/95 


9"! CSE 


1623 


Nesnow 


04/17/95 


94 CSE 


1645 


Beeton 


04/25/95 


94 CSE 


1646 


Chess 


06/02/95 


94 CSE 


1647 


Mann 


08/03/95 


94 CSE 


1648 


Gray 


03/09/95 


94 CSE 


1649 


Morrison 


03/07/95 


94 CSE 


1650 


Reilly 


03/07/95 


94 CSE 


1651 


West 


04/07/95 


94 CSE 


1652*^ 


Reilly 


05/16/95 


94 CSE 


1653 


Bccton 


04/07/95 


94 CSE 


1654 


Chess 


07/19/95 


94 CSE 


1655 


Mann 


05/22/95 


94 CSE 


1656 


Gray 


03/02/95 


94 CSE 


1657 


Morrison 


04/06/95 


94 CSE 


1677 


West 


08/10/95 


94 CSE 


1678 


Becton 


07/28/95 


94 CSE 1679 


Chess 


06/28/95 


94 CSE 


1700 


Reilly 


04/10/95 


94 CSE 


1702 


Becton 


04/07/95 


94 CSE 


1703 


Chess 


06/28/95 


94 CSE 


1704 


Mann 


05/02/95 


94 CSE 


1724 


Reilly 


08/08/95 


94 CSE 


1725 


West 


05/25/95 


94 CSE 


1749*'° 


Becton 


07/28/95 


94 CSE 


1750 


Chess 


03/21/95 


94 CSE 


1759 


Nesnow 


06/09/95 


94 CSE 


1766 


Chess 


03/21/95 


94 CSE 


1767 


Reilly 


03/03/95 


94 CSE 


1768 


Mann 


08/03/95 


94 CSE 


1778 


West 


03/06/95 


94 CSE 


1798 


Gray 


04/27/95 


94 CSE 


1799*' 


Gray 


05/31/95 


94 CSE 


1814 


Morrison 


04/27/95 


94 CSE 1826 


Nesnow 


07/11/95 



PUBLISHED DECISION 
REGISTER CITATION 



1404 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



CONTESTED CASE DECISIONS 



AGENCY 



Joyce Ann Wilkinson v. Department of Human Resources 
Levern Wilson, Jr. v. Department of Human Resources 
Michael A. Bradford v. Department of Human Resources 
Clayman R. Norfleet v. Department of Human Resources 
Johnny C. Cole v. Department of Human Resources 
Rasoul Behboudi v. Department of Human Resources 
David L. Hill v. Department of Human Resources 
Keith Matthews v. Department of Human Resources 
Ernest N. Pruitt, Jr. v. Department of Human Resources 
Troy Cage v. Department of Human Resources 
Clyde R. Gaither v. Department of Human Resources 
Randy E. Baker v. Department of Human Resources 
James Gleim Locklear v. Department of Human Resources 
Walter Swimiak v. Department of Human Resources 
William Rann v. Department of Human Resources 
Inez Brown v. Department of Human Resources 
Matthew L. Ward v. Department of Human Resources 
Sanders Gilliard Hunter v. Department of Human Resources 
James A. Bishop Jr. v. Department of Human Resources 
Mark C. Bushrod v. Department of Human Resources 
Antoine D. Jones v. Department of Human Resources 
Bennie L. Little v. Department of Human Resources 
Yvonne Butler v. Department of Human Resources 
Derrick Leon Henry v. Department of Human Resources 
Raul A. Dinzey v. Department of Human Resources 
David Dean Davis v. Department of Human Resources 
Frank McGirt v. Department of Human Resources 
Kelly Thomas Felty v. Department of Human Resources 
Kelvin M. Tarlton v. Department of Human Resources 
Clarence O. Hilliard v. Department of Human Resources 
Lany James McGirt v. Department of Human Resources 
Alonzo Wilson v. Department of Human Resources 
Reginald Hill v. Department of Human Resources 
Rhonda D. Deaton v. Department of Human Resources 
Timothy W. Barber v. Department of Human Resources 
Rudolph C. Williams v. Department of Human Resources 
John K. Bostic v. Department of Human Resources 
Eva T. Wilson v. Department of Human Resources 
Robert Lee Smith, Jr. v. Department of Human Resources 
Dave L. James v. Department of Human Resources 
Robert Ixe Bullock v. Department of Human Resources 
Augusta Hepburn v. Department of Human Resources 
Kenneth Walter Dudney v. Departmeot of Human Resources 
Michael Watts Sr. v. Department of Human Resources 
Chris Brown v. Department of Human Resources 
Walter Richardson, Jr. v. Department of Human Resources 
Eddie Harris Jr. v. Department of Human Resources 
Willie M. Herring v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AU 


DECISION 


REGISTER CITATION 


95 CSE 0071 


Bee ton 


04/04/95 




95 CSE 0073 


Chess 


06/28/95 




95 CSE 0116 


Mann 


05/25/95 




95 CSE 0117 


Morrison 


07/11/95 




95 CSE 0118 


Reilly 


06/22/95 




95 CSE 0147 


West 


05/18/95 




95 CSE 0200 


Becton 


08/29/95 




95 CSE 0205 


Chess 


07/19/95 




95 CSE 0206 


Phipps 


07/21/95 




95 CSE 0207 


Phipps 


07/26/95 




95 CSE 0208 


Phipps 


07/31/95 




95 CSE 0226 


Nesnow 


07/28/95 




95 CSE 0229 


Phipps 


07/31/95 




95 CSE 0230 


West 


07/18/95 




95 CSE 0273 


Phipps 


06/27/95 




95 CSE 0279 


Phipps 


07/21/95 




95 CSE 0280 


Phipps 


06/27/95 




95 CSE 0284 


Phipps 


05/22/95 




95 CSE 0292 


Gray 


08/07/95 




95 CSE 0297 


Morrison 


07/26/95 




95 CSE 0300 


Reilly 


07/21/95 




95 CSE 0313 


Morrison 


07/21/95 




95 CSE 0319 


Becton 


09/18/95 




95 CSE 0321 


Chess 


07/17/95 




95 CSE 0344 


Mann 


08/03/95 




95 CSE 0350 


Phipps 


07/26/95 




95 CSE 0351 


Gray 


08/07/95 




95 CSE 0360 


Morrison 


08/07/95 




95 CSE 0370 


West 


07/26/95 




95 CSE 0371 


Reilly 


05/25/95 




95 CSE 0389 


Nesnow 


08/10/95 




95 CSE 0414 


Becton 


07/28/95 




95 CSE 0438 


Becton 


07/21/95 




95 CSE 0489 


Becton 


07/05/95 




95 CSE 0491 


Phipps 


08/07/95 




95 CSE 0492 


Gray 


07/18/95 




95 CSE 0493 


Nesnow 


08/02/95 




95 CSE 0520 


Reilly 


07/21/95 




95 CSE 0528 


West 


08/25/95 




95 CSE 0539 


Mann 


07/21/95 




95 CSE 0559 


Phipps 


07/31/95 




95 CSE 0573 


Gray 


08/28/95 




95 CSE 0575 


Morrison 


09/12/95 




95 CSE 0628 


Nesnow 


09/26/95 




95 CSE 0695 


Phipps 


08/25/95 




95 CSE 0710 


Chess 


09/26/95 




95 CSE 0814 


Becton 


09/28/95 




95 CSE 0913 


Gray 


09/25/95 





Distribution Child Support 
Lisa J. Hill v. DHR, Div. of Social Svcs., Child Support Enf. Section 
Hoke County Social Services 



95 DCS 0239 



Phipps 



05/02/95 



Mr. and Mrs. William Jefferson v. Hoke Cty Soc Svcs, Linda Cromartie 95 DHR 0857 Gray 

Rockingtuvn County Department of Social Services 
Crystean Fields V. Rockingham County DSS 95 DHR 0316 Reilly 

Wake County Social Services 



08/17/95 



06/01/95 



Grace A. Wright v. Wake County Social Services., Suzanne Woodell 94 DHR 1618 

and Craig Glenn 



Chess 



05/03/95 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1405 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



INSURANCE 

Grace F. WaUcins v. Teachers' & St. Emp. Comp. Major Med. Plan 94 INS 1639 

Billy Gene Campbell v. Department of Insurance 95 INS 0143 

Karen Wingert Bunch v. Teachers' & St. Emp. Comp. Major Med. Plan 95 INS 0243 

JUSTICE 



ALirm Systems Lieemdmg Board 

Patrick P. Sassman v. Alarm Systems Licensing Board 94 DOJ 1825 Reilly 

Chad R. Fuller v. Alarm Systems Licensing Board 95 DOJ 0716 West 

Education and Traiming Standards Dividon 



Ricky Dale McDevitt v. SherifTs Ed. & Training Stds. Comm. 

Reginald Keith Goffington v. Ciminal Justice Ed. & Training Stds. Comm. 

Nervin Joseph DeDeaux v. Criminal Justice Ed. & Training Stds. Comm. 

Tony Lamont Blackmon v. Criminal Justice Ed. & Training Stds. Comm. 

Constance F. Lawrence v. SherifTs Ed. & Training Stds. Comm. 

Alexander Douglas Jones v. Criminal Justice Ed. & Training Stds. Comm. 

Marilyn Jean Britt v. Sheriffs Ed. & Training Stds. Comm. 

Antonio Trcmont Davis v. Sheriffs Ed. & Training Stxls. Comm. 

Amy Rebecca Batcheler v. Sheriffs Ed. & Training Stds. Comm. 

Richard Dan Wuchte v. Criminal Justice Ed. & Training Stds. Comm. 

Henry Roger Judd v. Sheriffs Ed. & Training Stds. Comm. 

Jewel T. Braswell v. Criminal Justice Ed. & Training Stds. Comm. 

George H. Powell Jr. v. Criminal Justice Ed. & Training Stds. Comm. 

Mark Jason Smith v. Sheriffs Ed. & Training Stds. Comm. 

Jeffrey Andre Jenkins v. Criminal Justice Ed. & Training Stds. Comm. 

Private Protective Services Board 

Lewis Austin Saintsing v. Private Protective Services Board 
Marcus T. Williams v. Private Protective Services Board 
Melvin Ray Cooper v. Private Protective Services Board 
Donnell E. Morrow, Jr. v. Private Protective Services Board 
Private Protective Services Board v. James C. Purvis 
Private Protective Services Board v. Samuel O. Smith 
Jann Mitchell Stanley v. Private Protective Services Board 
Donald Wayne Clark v. Private Protective Services Board 
Richard Frank v. Private Protective Services Board 
Marvin E. Shackleford v. Private Protective Services Board 
Julius T. Fairley v. Private Protective Services Board 
James L. McLeary, Jr. v. Private Protective Services Board 
Bobby E. Smithey v. Private Protective Services Board 
Frederick B. Moore, Jr. v. Private Protective Services Board 
Daniel C. Inglese v. Private Protective Services Board 

LABOR 



Occupational Safety A Beallh Division 

Lenoir County Public Schools v. Department of Labor, OSHA 95 DOL 0218 Nesnow 

Private Personnel Service Division 

Employment Consultants, Inc. v. Private Personnel Service Division 95 EKDL 0209 Morrison 

Wage and Hour Division 

R.J. Scott, Pres. Pirate Enterprises, Inc. v. Labor, Wage & Hour Div. 94 DOL 1524 West 

PRACTICING PSYCHOLOGISTS 

John E. Miller v. Psychology Board 95 BPP 0629 Nesnow 



Chess 


05/24/95 


Reilly 


04/20/95 


Morrison 


07/21/95 



03/09/95 
08/18/95 



05/01/95 



07/07/95 



03/23/95 



09/12/95 



i 



94 DOJ 1710 


Nesnow 


05/04/95 


10:05 NCR 324 


95 DOJ 0028 


Becton 


06/08/95 




95 DOJ 0029 


Reilly 


05/16/95 




95 DOJ 0043 


Reilly 


06/02/95 




95 DOJ 0076 


Morrison 


04/06/95 




95 DOJ 0101 


Morrison 


06/13/95 


10:07 NCR 627 


95 DOJ 0172 


Gray 


08/03/95 




95 DOJ 0298 


Phipps 


08/08/95 




95 DOJ 0364 


West 


08/16/95 




95 DOJ 0401 


Nesnow 


06/07/95 




95 DOJ 0431 


Nesnow 


08/02/95 




95 DOJ 0730 


Phipps 


09/11/95 




95 DOJ 0784 


Phipps 


09/08/95 




95 DOJ 0795 


Gray 


08/14/95 




95 DOJ 1408 


Phipps 


07/31/95 





94 DOJ 1000 


Chess 


03/03/95 




94 DOJ 1064 


Chess 


02/24/95 




94 DOJ 1635 


Reilly 


03/09/95 




94 DOJ 1823 


Reilly 


03/09/95 




95 EKIJ 0018 


Chess 


05/15/95 




95 DOJ 0133 


Chess 


05/09/95 




95 DOJ 0420 


Morrison 


05/24/95 




95 DOJ 0444 


Phipps 


07/14/95 


10:09 NCR 805 


95 DOJ 0610 


Phipps 


08/10/95 




95 DOJ 0611 


Phipps 


07/18/95 




95 DOJ 0612 


Phipps 


07/20/95 




95 DOJ 0613 


Phipps 


07/18/95 




95 DOJ 0717 


West 


08/23/95 


10:12 NCR 1039 


95 DOJ 0766 


Morrison 


09/01/95 




95 DOJ 0767 


Morrison 


08/30/95 





i 



i 



1406 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



PUBLIC INSTRUCTION 

Glenn II, on behalf of Glenn II, and Glenn II, Individually v 

Mecklenburg County Schools 
S.M. on Behalf of J. A.M., and S.M., Individually, and J.M. 

County Board of Education 
William Hewett v. State Board of Education 
James Midgette v. State Board of Education 
Deborah R. Grouse v. State Board of Education 
Bobby G. Little v. Department of Public Instruction 
Tonya Marie Snipes and Robert Leon Snipes v. Orange County Schools 
Vance County Schools v. Haywood Yarborough 
Lavemc K. Suggs v. Department of Public Instruction 
Lavem K. Suggs v. Guilford County Schools 
Kenneth G.H. Leftwich v. State Board of Education 



Charlotte- 


93 EDC 0549 


Chess 


V, Davie 


93 EDC 0742 


Phippe 




94 EDC 0533 


Gray 




94 EDC 1401 


Reilly 




95 EDC 0003 


Chess 




95 EDC 0168 


Phipps 


ity Schools 


95 EDC 0225 


Mann 




95 EDC 0235 


Mann 




95 EDC 0384 


Nesnow 




95 EDC 0385 


Ncsnow 




95 EDC 0405 


Nesnow 



03/16/95 

05/30/95 

03/31/95 
05/02/95 
04/10/95 
03/20/95 
05/15/95 
08/04/95 
07/12/95 
06/02/95 
05/25/95 



10:02 NCR 179 



STATE BAR 

Phillip S. Banks, III v. North Carolina Sute Bar 

STATE PERSONNEL 

CatweU County Heaith Dtpartmtmt 

Delia Brown v. Caswell County Health Department 
Julie R. Johnson v. Caswell County Health Department 

N.C. Cemtral Umivenity 

PeUr A. Fore v. N.C. Central University 

Department of Commerce 

T. Sherwood Jemigan v. Dcpt. of Commerce, Savings Institution Div. 

Department of Correction 



95 BAR 0861 



94 DSP 0834 
94 DSP 0865 



93 OSP 0189 



94 OSP 0775 



Nancy Gilchrist v. Department of Correction 

Howard Gray Sadler v. Correction, Div. of Adult Probation/Parole 

Thomas Wayne Smathers v. Department of Correction 

George J. McClcase, Jr. v. Department of Correction 

Nancy C. Walker v. Department of Correction 

Ruth Kearney v. Department of Correction 

Aim R. Fletcher v. Department of Correction 

Odell Davis v. Department of Correction 

James W. Hughes v. Department of Correction, Blue Ridge Unit Avery 95 OSP 0334 

Dennis Harrell v. E>epartment of Correction 

William E. Norwood, Jr. v, E>epartment of Correction 

Department of Crime Control and PuiUc Strfety 

Betty Sue Whitley v. National Guard Dept. Crime Control & Public Safcty94 OSP 1399 
Robert W. Beasley v. Crime Control & Public Safety, St. Highway Patrol 94 OSP 1821 



Office of Ou District Attorney 

Shaimon Caudill v. Office of the District Attorney for Judicial 
District 17-B, and Administrative Office of the Courts 



Morrison 



Ncsnow 
Reilly 



Nesnow 



West 



95 OSP 0188 



Chess 
Morrison 



Nesnow 



08/18/95 



06/12/95 
03/15/95 



06/13/95 



05/25/95 



94 OSP 0121 


West 


03/09/95 




94 OSP 0332 


West 


05/15/95 




94 OSP 0590 


West 


03/23/95 




94 OSP 0644 


Gray 


04/19/95 




94 OSP 1206 


Gray 


08/18/95 




94 OSP 1807 


Bee ton 


03/13/95 




95 OSP 0123 


Chess 


08/21/95 




95 OSP 0244 


Gray 


09/21/95 




95 OSP 0334 


Becton 


07/25/95 




95 OSP 0440 


Phipps 


09/05/95 


10:13 NCR 1209 


95 OSP 0500 


Gray 


08/16/95 





06/13/95 
08/10/95 



03/20/95 



10:11 NCR 965 



Dorothea Dix Hospital 

Paul E. Hunter v. Dorothea Dix Hospital 

Durham County Health Department 

Laurie A. Gerhard v. Durham County Health Department 



95 OSP 0504 



95 OSP 0220 



Gray 



Phipps 



07/12/95 



08/17/95 



10:12 NCR 1043 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1407 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED INCISION 
REGISTER CITATION 



94 DSP 1209 



94 DSP 0358 



94 OSP 0499 



Eait Carotima Umivtrsity 

Helen E. Wolfe v. East Carolioa Univereity, Dept. of Biology 

Lillie Mercer Atldnfton v. ECU, Oept. of Comparative Medicine, et al. 

Lillie Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al. 

Edgeeomht County Btabh Dtpartmtmt 

Ronald E. Wooten v. Edgecome County Health Department 

Dtpartm*mt of Emvirommtnt, Heath, and Natural Retourcti 

Babette K. McKemie v. EHNR, Div. of Environmental Management 

FayetUvilU Suae Univtraty 

George Beostead v. Fayetteville State University 
Lt. Bobby McEachem v. FSU Police Department 
Officer Gregor A. Miles v. FSU Police Department 

Fonyth Stokts Mental Health Center 

Michael Howell v. Forsyth Stokes Mental Health Center 

adffbnl County Mental Health 

Darrell Edwin Fricke v. Guilford County Mental Health (Thomas S. Div.) 95 OSP 0942 

Dtpartmtnt of Human Keiourtei 

April Benfield v. Department of Human Resources 
and 
Western Carolina Center 
Eugene Hightower, Jr. v. Department of Human Resources, EEO 
Rebecca Johnson v. Human Resources, Special Care Center 

Black Mountain Center 

James Harrison v. Black Mountain Center, Dept. of Human Resources 
James Harrison v. Black Mountain Center, Dept. of Human Resources 

Cherry Hospital 

William H. Cooke v. DHR, Cherry Hospital 
Dcloris L. Johnson v. Cherry Hospital, DHR 

Durham County Department of Social Services 
Dclores H. Jeffcrs v. Durham County Department of Social Services 

Gaston County Department of Social Services 
Bobbie J. Gilliam v. Gaston County Department of Social Services 

Iredell County Department of Social Services 

Vernon E. Grease v. Iredell County Department of Social Services 
Bonnie N. Bellamy v. Iredell County Department of Social Services 

Richmond County Department of Social Services 

Emma Jane Bradley v. Richmond County Dept. of Social Services 

Wake County Department of Health 

Regina K. Crowder v. Wake County/Health Dept., Caroline E. Lee, Dir. 
Sabrina R. Crowder v. Wake County/Health Dept., Richard Stevens 
Thomasine D. Avery v. Wake County/Health Department 



94 OSP 1558 


Reilly 


09/07/95 


95 OSP 0038*' 


Bee ton 


06/08/95 


95 OSP 0057*' 


Bee ton 


06/08/95 



Gray 



Chess 



Chess 



West 



94 OSP 0994*" 

95 OSP 0190*" 



93 OSP 1547 
95 OSP 0409 



94 OSP 0939 



94 OSP 0770 



94 OSP 02«2 
94 OSP 0739 



95 OSP 0055 



Gray 
Gray 



Gray 
Gray 



Morrison 



West 



Bee ton 
Chess 



Reilly 



07/10/95 



05/31/95 



94 OSP 1597 


Nesnow 


04/04/95 


95 OSP 0042*' 


Reilly 


07/05/95 


95 OSP 0058*' 


Reilly 


07/05/95 



03/24/95 



09/22/95 



94 OSP 1758 


Nesnow 


06/07/95 


94 OSP 1811 


West 


05/04/95 


95 OSP 0138 


West 


03/31/95 



07/31/95 
07/31/95 



03/16/95 
08/25/95 



06/12/95 



05/24/95 



03/09/95 
03/01/95 



07/18/95 



94 OSP 1032*' 


Nesnow 


06/12/95 


94 OSP 1072*' 


Nesnow 


06/12/95 


94 OSP 1074** 


Nesnow 


06/12/95 



I 



I 



10:01 NCR 48 



10:09 NCR 809 



1408 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALT 



DATE OF 
DECISION 



PUBLISHED INCISION 
REGISTER CITATION 



94 DSP 1 179*« Nesnow 



Wake County Department of Social Services 
Olivia L. Jordan v. Wake County/Department of Social Services 
Department of Labor 

Michael Robert Smith v. Department of Labor 94 OSP 0610 Nesnow 

Lee-BametS Area Mental BeaJth, Developmental Disabilities^ and Substance Abuse Authority 



Julie Dyer v. Lee-Hamett Area MH/DD/SA Authority 

North CaroHna Special Care CenUr 

Lynn Banasiak Bass v. North Carolina Special Care Center 

North CaroUna State University 

Artclia S. Clark v. N.C. Sutc University 

Wesley Brown v. N.C. State University 

David L. Bauer v. North Carolina State University 

Billy Ray Kelly v. NCSU Physical Plant 

Heather Ann Waskiowicz v. NCSU, Dept. of Public Safety 

Orange-Person-Chatham Mental Health 

Patricia A. Harris v. Orangc-Person-Chatham Mental Health 

Richmond Community College 

Willie J. Breeden v. Richmond Community College 

Department of Transportation 

Michael E. Komegay v. Department of Transportation 
Robert F. Coins v. Department of Transportation 
Esther Doe Murphy v. Department of Transportation 



94 OSP 0750 



95 OSP 0419 



95 OSP 0162 
95 OSP 0846 

93 OSP 1700 

94 OSP 0281 

95 OSP 0114 
Judy H. Arnold v. Department of Transportation, Div. of Motor Vehicles 95 OSP 1075 

University of North Carolina 

Beth Ann Miller v. UNC Student Health 94 OSP 0800 

UNC Hospitals 



David Patrick Malone v. Univ. of NC Hospital at Chapel Hill 
Lillian C. Daniels v. UNC Hospital 

Wake County 

Mark Morgan v. Wake County 

STATE TREASURER 



94 OSP 0771 

95 OSP 0056 



94 OSP 0937 



John W. Parris v. Bd. of Trustees//NC Local Gov. Emp. Retirement Sys. 91 DST 1093 

Channie S. Chapman v. BdATrusteesZ/NC Local Gov. Emp. Ret Sys. 94 DST 0443 

Bryan L. Basden v. Retirement Systems Division 95 OSP 0171 

Wayne La Broad v. Bd.A'rustec8//TeacherB/St. Emp. Retirement Sys. 95 DST 0219 

Tanmiy Evonne Ashcroft Brownv. Bd/Tr.//NC Local Gov. Emp. Ret Sys. 95 DST 0404 



UNIVERSITY OF NORTH CAROLINA 

Jerry B. Potter, Sr. v. UNC Hospitals at Chapel Hill 



Gray 



Phipps 



West 



Gray 



Gray 
Chess 
Gray 
Bee ton 



Nesnow 



Becton 
Morrison 



Nesnow 



06/12/95 



06/09/95 



03/20/95 



08/01/95 



89 OSP 0612 


Nesnow 


07/07/95 




94 OSP 1173 


Reilly 


06/30/95' 


10:08 NCR 700 


95 OSP 0044 


Morrison 


04/25/95 




95 OSP 0130 


West 


03/22/95 




95 OSP 0213 


Phipps 


07/06/95 





04/11/95 



09/13/95 



03/24/95 
05/30/95 
07/10/95 
07/31/95 



05/25/95 



03/14/95 
05/11/95 



04/28/95 



10:04 NCR 287 



Nesnow 


05/04/95 




Morrison 


05/15/95 




Chess 


06/21/95 




Morrison 


07/14/95 




Phipps 


07/27/95 


10:10 NCR 872 



95 UNC 0502 



Gray 



09/12/95 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1409 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF MECKLENBtfRG 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

92EHR 1028 



CHEROKEE RESOURCES INC. 
Petitioner, 

▼. 

N.C. DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES, 
DIVISION OF SOLID WASTE MANAGEMENT 
Respondent. 



FINAL DECISION 
ORDER OF DISMISSAL 



THIS MATTER came on to be heard before the undersigned administrative law judge upon consideration of the 
Respondent's Motion to Dismiss on the ground that the issues in the contested case are now moot. Having considered the 
motion, the response, and the pleadings, the undersigned makes the following final decision: 

PETITIONER'S MOTION TO DISMISS 

Petitioner initiated this case by filing a "Motion to Set Aside, Vacate and Quash the Alleged and Pretended 
Compliance Order, under Sjjecial Appearance" on September 29, 1992 based Uf)on the fact that the Respondent assessed the 
civil penalty beyond the one-year statute of limitations found in G.S. 1-54(2). That motion was denied by Administrative 
Law Judge Thomas R. West on November 23, 1994. Petitioner reasserts this motion in its Response to NCDEHNR's 
Motion to EHsmiss. The undersigned will not reconsider a decision of a preceding administrative law judge who presided 
in this contested case; however, in support of the pirevious judge's decision, the undersigned cites Ocean Hill Joint Venture 
V. N.C. Dept. of Environment. Health. & Natural Resources, 333 N.C. 318, 426 S.E.2d 274 (1993), which held that G.S. 
1-54(2) does not apply to the assessment of a civil penalty by this department because it is not an "action or proceeding" as 
that term is used in G.S. 1-54(2). 

FINDINGS OF FACT 

1. Cherokee Resources, Inc. d/b/a Cherokee Oil Company is a North Carolina corporation which generated 
and transported hazardous waste in Charlotte, North Carolina. 

2. On July 10, 1992, the Division of Solid Waste Management in the Department of Environment, Health and 
Natural Resources issued a Compliance Order with Administrative Penalty against Cherokee Resources. This Order was 
issued pursuant to the North Carolina Solid Waste Management Act, Article 9 of G.S. 130A, and the rules promulgated 
pursuant to that Act which are codified at 15A NCAC 13A. 



3. 
$75,000.00: 



In the Compliance Order, Cherokee Resources was assessed the following p>enalties in the total amount of 



A. $25,000.00 for violation of 40 CFR 263.20, codified at 15A NCAC 13A .0008, in that is did not 
ensure that a manifest accompanied hazardous waste; 

B. $25,000.00 for violation of 15A NCAC .0009(a), in that it stored hazardous waste and did not 
comply with the requirements set forth \n this section; and 

C. $25,000.00 for violation of 40 CFR 270.10(a), codified at 15A NCAC 13A .0013, in that it did 
not complete, sign, and submit an application to the Department upon becoming subject to storage 
facility regulations. 

4. Also in the Compliance Order, Cherokee Resources was ordered to comply with certain conditions in order 

to remain in op>eration. These conditions included: a) ensuring that a manifest accompanied all hazardous wastes that it 
imports and submitting a copy of the manifest used to ship the five drums of waste to Laidlaw Environmental Services 



1410 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



CONTESTED CASE DECISIONS 



fiMiility; b) conq)lymg with ISA NCAC 13A .0009(a) or not storing hazardous waste longer than ten days; and c) submitting 
a permit application as a storage facility or not storing hazardous waste longer than ten days. 

5. Petitioner was served with the Conq)hance Order on August 6, 1992 and advised in the Order of its appeal 
rights. On September 3, 1992, Petitioner Keith Eidson, as President of Cherokee Resources, filed a letter and motions 
stating that he was making a special appearance for the purp>ose of filing a Motion to Set Aside, Vacate, and Quash the 
ConqjUance Order. He fiirther moved for a continuance to file the petition for contested case. On September 9, 1992, the 
Clerk's Office of the Office of Administrative Hearings sent a letter to the Petitioner with a petition form requesting that all 
sections be completed. The Motion to Set Aside was filed on September 29, 1992. The statutory deadline for filing the 
petition in this case was September 5, 1992. As of this date, no petition for contested case hearing has been filed. 

6. On June 29, 1994, Petitioner's principal officers were convicted in federal court for violations of the 
environmental protection laws and are presently serving an active term of imprisonment in the federal prison at Seymour 
Johnson Air Force Base in Goldsboro, North Carolina. 

7. As a result of the federal enforcement action taken against the Petitioner as well as the imprisonment of 
Petitioner's principal officers, the Respondent agency states that the Conditions for Continued Operation are no longer 
applicable or enforceable. Also as a result of the federal enforcement action and the imprisonment of the principal officers, 
the Respondent agency has reduced the penalty to zero. Nothing more will be required of the Petitioner from the 
Respnandent. 

Based upon the foregoing Findings of Fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1. Because the Respondent has reduced the civil penalty to zero and rescinded its requirement that the 
Petitioner comply with the Conditions for Continued Operations, the issues in this contested case are now moot. Intervening 
events such as the federal intervention and subsequent imprisonment have caused the alleged illegality to no longer exist and 
a likelihood that the violation will not recur, "thus suggesting judicial review would be meaningless' and any decision would 
have no "proven impact." Koch, "Limitations on Judicial Review," Administrative Law and Practice. Sec. 10.41 (1985 & 
Supp. 1995) (citations omitted). Therefore, the Office of Administrative Hearings no longer has subject matter jurisdiction 
over this contested case. 

2. The undersigned also concludes that the Office of Administrative Hearings does not have subject matter 
jurisdiction over this matter ab initio in that the Petitioner failed to file a p>etition for contested case hearing within the 
statutory deadline of 30 days. G.S. 130A-22(e). North Carolina cases interpreting administrative laws have consistently 
held that a contested case petition to challenge an agency's decision must be filed within the statutory deadline. Gaskill v^ 
State ex reL Cobey. 109 N.C.App. 656, 428 S.E.2d 474, cert, denied. 334 N.C. 163, 432 S.E.2d 359 (1993); Gummels 
Y^ N.C. Dent, of Human Resources. 98 N.C.App. 675, 392 S.E.2d 1 13 (1990). 

3. The only matter that was initially before this court was the Motion to Set Aside and it was ruled upon on 
November 23, 1994. The undersigned further concludes that OAH did not have jurisdiction to consider this motion simply 
because no jjetition for contested case has ever been filed. G.S. 150B-23(a) requires that in order to initiate a contested case, 
a petition must be filed. G.S. 150B-23(a); 26 NCAC 3 .0103(a). 

Based upon the foregoing Findings of Fact and Conclusions of Law, the undersigned makes the following: 

FINAL DECISION 

Because the Office of Administrative Hearings does not have subject matter jurisdiction over this case, the Respon- 
dent's Motion to Dismiss is hereby GRANTED and this matter is hereby DISMISSED. This is a final agency decision 
pursuant to G.S. 150B-36(c)(l). 

NOTICE 

TTiis final decision is subject to judicial review in the Superior Court Division of the North Carolina General Court 
of Justice in accordance with the provisions of G.S. Chapter 150B, Article 4, which require that an appeal be filed in the 



10:14 NORTH CAROLINA REGISTER October 16, 1995 1411 



CONTESTED CASE DECISIONS 



siiperior court within thirty (30) days following service upon the person of a written copy of the final decision. G.S. 150B- 
46 describes the contents of the Petition and requires service of the Petition on all parties. The Petition must be filed either 
in Wake County Superior Court or in the superior court of the county where the person resides. G.S. 150B-45. 

This the 29th day of September, 1995. 



f 



Meg Scott Phipps 
Administrative Law Judge 



i 



1412 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



NORTH CAROUNA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



Ihe North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles 
and chapters, are mandatory. The major subdivision of the NCA C is the title. Each major department in 
the North Carolina executive branch of government has been assigned a title number. Titles are farther 
broken down into chapters which shall be numerical in order. The other two, subchapters and sections 
are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Pubbc Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


landscape Architects 


26 


16 


Public Education 


landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


•21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Inde|}endent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pastoral Counselors, Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Coimselors 


53 






Practicing Psychologists 


54 






Professional Engineers & land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Vetermary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



10:14 



NORTH CAROUNA REGISTER 



October 16, 1995 



1413 



CUMULATIVE INDEX 




Proposed ia 
Register 



Proposed 

Effiective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Informalioii 



ACUPUNCTURE LICENSING BOARD 



21 NCAC 01 


.0101 




10:02 NCR 


150 


07/01/95 




.0201 




10:07 NCR 


585 


10/01/95 




.0401 - 


.0402 


10:02 NCR 


150 


07/01/95 




.0501 




10:07 NCR 


585 


10/01/95 




.0701 




10:07 NCR 


585 


10/01/95 


AGRICULTURE 












2 NCAC 34 


.0904 




10:04 NCR 


228 


08/01/95 




.0904 




10:07 NCR 


430 


11/01/95 


ARCHITECTURE 










21 NCAC 02 


.0208 




10:12 NCR 


985 


12/01/95 


02 


.0301 - 


.0302 


10:10 NCR 


829 


07/01/96 


CERTIFIED PUBLIC ACCOUNTANT EXAMINERS 




21 NCAC 08F 


.0105 




10:04 NCR 


255 


08/01/95 




.0113 




10:04 NCR 


255 


08/01/95 


08G 


.0401 




10:04 NCR 


255 


08/01/95 


08J 


.0005 




10:04 NCR 


255 


08/01/95 




.0008 




10:04 NCR 


255 


08/01/95 


08M 


.0102 




10:04 NCR 


255 


08/01/95 




.0104 




10:04 NCR 


255 


08/01/95 




.0306 




10:04 NCR 


255 


08/01/95 




0401 




10:04 NCR 


255 


08/01/95 


08N 


.0203 




10:04 NCR 


255 


08/01/95 




.0302 




10:04 NCR 


255 


08/01/95 




.0307 




10:04 NCR 


255 


08/01/95 


CHIROPRACTIC EXAMINERS 








21 NCAC 10 


.0203 




10:04 NCR 


261 


08/01/95 


COMMUNITY COLLEGES 








23 NCAC 02C 


.0108 




10:03 NCR 


208 


09/01/95 




.0210 




10:07 NCR 


587 


01/01/96 




.0211 




10:03 NCR 


208 


09/01/95 




.0301 




10:07 NCR 


587 


01/01/96 




.0306 




10:03 NCR 


208 


09/01/95 


02E 


.0403 




10:07 NCR 


587 


01/01/96 


COMMERCE 












4 NCAC 06C 


.0203 




10:05 NCR 


300 


09/01/95 


CORRECTION 












5 NCAC 05 


.0001 




10:01 NCR 


12 


07/01/95 


COSMETIC ART EXAMINERS 








21 NCAC 14B 


.0604 




10:12 NCR 


985 


12/01/95 


14J 


.0502 




10:14 NCR 1380 


01/01/96 


14L 


.0301 - 


.0302 


10:14 NCR 1380 


01/01/96 


14N 


.0106 - 


.0108 


10:14 NCR 1380 


01/01/96 




.0112 




10:14 NCR 1380 


01/01/96 


CULTURAL RESOURCES 








7 NCAC 02 F 


.0002 




10:01 NCR 


12 


07/01/95 


ELECTROLYSIS EXAMINERS 








21 NCAC 19 


.0104 




10:11 NCR 


907 


12/01/95 




.0204 




10:11 NCR 


907 


12/01/95 




.0616 




10:11 NCR 


907 


12/01/95 



ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

15A NCAC 02B .0101 10:01 NCR 13 



f 



08/01/95 
08/01/95 



N/A 



Renoticed in 10:7 



08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 

N/A 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 



08/01/95 



RRC Obj./Rule Withdrawn 



I 



07/01/95 



08/01/95 



I 



Correction to Notice 



1414 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



CUMULATIVE INDEX 



Ageocy/Rule Citslioit 



PTDposed ia 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



EffectiTe 
Date 



Other lofomaiiaii 





.0104 




10:01 NCR 


13 












.0202 




10:01 NCR 


13 












.0211 




10:01 NCR 


13 












.0301 




10:01 NCR 


13 












.0303 




10:08 NCR 


661 


11/01/95 










.0304 




10:04 NCR 


246 


01/01/96 










.0304 




10:05 NCR 


301 


11/01/95 






11/01/95 




.0308 - 


.0310 


10:08 NCR 


661 


11/01/95 










.0308 




10:08 NCR 


661 


02/01/96 










.0313 




10:11 NCR 


901 


02/01/96 










.0315- 


.0316 


10:08 NCR 


661 


11/01/95 










.0315 




10:08 NCR 


661 


02/01/96 










.0316 




10:04 NCR 


246 


01/01/96 








02D 


.0520 




10:01 NCR 


13 


07/01/95 


X 


X 






.0531 




10:01 NCR 


13 


07/01/95 


X 


X 


07/01/95 




.0902 




10:01 NCR 


13 


07/01/95 


X 


X 


07/01/95 




.0909 




10:01 NCR 


13 


07/01/95 


X 


X 


07/01/95 




.0952 




10:01 NCR 


13 


07/01/95 


X 


X 


07/01/95 




.1402 




10:01 NCR 


13 


07/01/95 


X 


X 


07/01/95 




.1406 




10:01 NCR 


13 


07/01/95 


X 


X 






.1409 




10:01 NCR 


13 


07/01/95 


X 


X 






.1701 - 


.1702 


10:01 NCR 


13 


07/01/95 


X 


X 






.1801 - 


.1803 


10:01 NCR 


13 


07/01/95 


X 


X 




02H 


.0219 




10:14 NCR 1325 


05/01/96 








031 


.0001 
.0005 
.0018 




10:14 NCR 1336 
10:14 NCR 1336 
10:14 NCR 1336 


03/01/96 
03/01/96 
03/01/96 








03J 


.0103 - 


.0104 


10:14 NCR 1336 


03/01/96 










.0107 




10:14 NCR 1336 


03/01/96 


X 








.0202 




10:14 NCR 1336 


03/01/96 










.0301 




10:14 NCR 1336 


03/01/96 










.0401 




10:14 NCR 1336 


03/01/96 










.0402 




10:14 NCR 1336 


03/01/96 








03K 


.0104- 


.0105 


10:14 NCR 1336 


03/01/96 










.0201 - 


.0202 


10:14 NCR 1336 


03/01/96 








03L 


.0301 - 


.0302 


10:14 NCR 1336 


03/01/96 








03M 


.0202 
.0204 
.0301 
.0501 




10:14 NCR 1336 
10:14 NCR 1336 
10:14 NCR 1336 
10:14 NCR 1336 


03/01/96 
03/01/96 
03/01/96 
03/01/96 










.0503 - 


.0504 


10:14 NCR 1336 


03/01/96 










.0506- 


.0507 


10:14 NCR 1336 


03/01/96 










.0510 - 


.0511 


10:14 NCR 1336 


03/01/96 










.0512 




10:14 NCR 1336 


03/01/96 








03R 


.0003- 

.0007 

.0011 


.0005 


10:14 NCR 1336 
10:14 NCR 1336 
10:14 NCR 1336 


03/01/96 
03/01/96 
03/01/96 








NPDES Permit 






10:02 NCR 


56 










04A 


.0001 




10:07 NCR 


579 


10/01/95 






10/01/95 




.0005 




10:07 NCR 


579 


10/01/95 






10/01/95 


04B 


.0016 




10:07 NCR 


579 


10/01/95 






10/01/95 




.0020 




10:07 NCR 


579 


10/01/95 






10/01/95 




.0028 




10:02 NCR 


149 


07/01/95 






08/01/95 




.0029- 


.0030 


10:07 NCR 


579 


10/01/95 






10/01/95 


04C 


.0007- 


.0008 


10:07 NCR 


579 


10/01/95 






10/01/95 




.0010 




10:07 NCR 


579 


10/01/95 






10/01/95 


04D 


.0002- 


0003 


10:07 NCR 


579 


10/01/95 






10/01/95 


07B 


.0101 




10:09 NCR 


751 


12/01/95 


X 


X 






.0201 - 


.0216 


10:09 NCR 


751 


12/01/95 


X 


X 






.0401 - 


.0406 


10:09 NCR 


751 


12/01/95 


X 


X 






.0501 - 


.0507 


10:09 NCR 


751 


12/01/95 


X 


X 




07H 


.0208 
.0308 




10:03 NCR 
10:09 NCR 


197 
751 


12/01/95 
12/01/95 









Correction to Notice 
Correction to Notice 
Correction to Notice 
Correction to Notice 



10:14 



NORTH CAROUNA REGISTER 



October 16, 1995 



1415 



CUMULATIVE INDEX 



Ageacy/Kuie CitatioB 



Propased ia 
Register 



Proposed 

EfTectiTe 

Date 



FbcalNote 



State Lecd 



EffeetiTe 
Date 



Other Infomtalioa 



I 





.0309- 


.0310 


10:09 NCR 751 


02/01/96 






.1705 




10:09 NCR 751 


12/01/95 






.2201 - 


.2202 


10:03 NCR 204 


12/01/95 






.2203 




10:03 NCR 204 


12/01/95 


X 




.2204- 


.2205 


10:03 NCR 204 


12/01/95 




07K 


.0103 




10:09 NCR 751 


12/01/95 




lOB 


.0115 




10:06 NCR 338 


10/01/95 






.0202- 


.0203 


10:01 NCR 26 


07/01/95 






.0202 




10:04 NCR 249 


08/01/95 






.0214 




10:01 NCR 26 


07/01/95 




IOC 


.0404 




10:06 NCR 338 


12/01/95 






.0407 




10:06 NCR 338 


12/01/95 




lOD 


.0002- 


.0003 


10:01 NCR 26 


07/01/95 






.0003 




10:04 NCR 250 


08/01/95 






.0003 




10:06 NCR 338 


09/01/95 




lOF 


.0313 




10:06 NCR 338 


10/01/95 






.0317 




10:01 NCR 26 


07/01/95 






.0323- 


.0324 


10:11 NCR 904 


12/01/95 






.0339 




10:13 NCR 1159 


02/01/96 






.0360 




10:13 NCR 1159 


02/01/96 




lOK 


.0003 




10:13 NCR 1159 


02/01/96 




Wildlife Proclamation/Striped 


Bass 


10:02 NCR 57 


04/10/95 










10:03 NCR 195 


04/15/95 




13A 


.0006 




10:13 NCR 1160 


01/01/96 






.0019 




10:13 NCR 1160 


01/01/96 




13B 


.0101 




10:06 NCR 350 


10/01/95 






.0103 




10:06 NCR 350 


10/01/95 






.0503 




10:06 NCR 350 


10/01/95 






.0802- 


0829 


10:06 NCR 350 


10/01/95 






.1627 




10:06 NCR 350 


10/01/95 




16A 


.1001 




10:07 NCR 582 


01/01/96 


X 




.1002- 


.1006 


10:07 NCR 582 


01/01/96 




ISA 


.1801 - 


.1814 


10:13 NCR 1160 


01/01/96 






.1818 




10:13 NCR 1160 


01/01/96 






.2508 




10:06 NCR 350 


01/01/96 






.2509 




10:06 NCR 350 


01/01/96 






.2510 - 


.2511 


10:06 NCR 350 


01/01/96 






.2516 - 


.2519 


10:06 NCR 350 


01/01/96 






.2521 - 


.2524 


10:06 NCR 350 


01/01/96 






.2526 




10:06 NCR 350 


01/01/96 






.2528 - 


.2535 


10:06 NCR 350 


01/01/96 






.2537 




10:06 NCR 350 


01/01/96 






.2540- 


.2542 


10:06 NCR 350 


01/01/96 






.2543 




10:06 NCR 350 


01/01/96 






.2601 - 


.2602 


10:13 NCR 1160 


01/01/96 






.2618 




10:13 NCR 1160 


01/01/96 






.2624 




10:13 NCR 1160 


01/01/96 






.2632 




10:13 NCR 1160 


01/01/96 






.2635 - 


.2636 


10:13 NCR 1160 


01/01/96 




19A 


.0401 




10:06 NCR 350 


10/01/95 






.0406 




10:06 NCR 350 


10/01/95 






.0502 




10:06 NCR 350 


10/01/95 




19C 


.0206 




10:05 NCR 305 


10/01/95 


X 


19H 


.0702 




10:07 NCR 582 


10/01/95 


X 


20D 


.0233 - 


.0234 


10:13 NCR 1160 


01/01/96 






.0236 




10:13 NCR 1160 


01/01/96 






.0241 - 


.0243 


10:13 NCR 1160 


01/01/96 






.0247- 


.0252 


10:13 NCR 1160 


01/01/96 




21F 


.0801 - 


.0802 


10:13 NCR 1160 


01/01/96 






.0804 




10:13 NCR 1160 


01/01/96 






.1101 - 


.1103 


10:13 NCR 1160 


01/01/96 






.1105 




10:13 NCR 1160 


01/01/96 




24A 


.0102 




10:13 NCR 1160 


01/01/96 





07/01/95 
09/01/95 
07/01/95 



07/01/95 
09/01/95 

10/01/95 
07/01/95 



10/01/95 
10/01/95 
10/01/95 
10/01/95 
N/A 



01/01/96 

01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
N/A 



10/01/95 
10/01/95 
10/01/95 

N/A 



Agency Did Not Adopt 



t 



RRC Obj/Rule Withdrawn 



Agency Did Not Adopt 



Withdrawn by Agency 



i 



1416 



NORTH CAROUNA REGISTER 



October 16, 1995 



10:14 



CUMULATIVE INDEX 





Agency /Rule Citatum 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Otfao- Infonnatieii 


Sute 


Local 





.0202- 


.0204 


10:13 NCR 1160 


01/01/96 




.0301 




10:13 NCR 1160 


01/01/95 




.0404 




10:06 NCR 


350 


10/01/95 


FINAL DECISION LETTERS 








Voting Rights Act 






10:01 NCR 
10:03 NCR 
10:05 NCR 
10:10 NCR 
10:11 NCR 


02 
194 
298 
825 
889 










10:13 NCR 1084 




GENERAL CONTRACTORS LICENSING BOARD 




21 NCAC 12 


.0302 




10:11 NCR 


906 


12/01/95 




.0410 




10:11 NCR 


906 


12/01/95 


GENERAL STATUTES 










Chapter 150B 






10:13 NCR 1062 




GOVERNOR'S EXECUTIVE ORDERS 






Number 72 






10:01 NCR 


01 




Number 73 






10:02 NCR 


54 




Number 74 






10:02 NCR 


54 




Number 75 






10:03 NCR 


191 




Number 76 






10:03 NCR 


191 




Number 77 






10:05 NCR 


297 




Number 78 






10:06 NCR 


336 




Number 79 






10:07 NCR 


427 




Number 80 






10:07 NCR 


427 




Number 81 






10:08 NCR 


639 




Number 82 






10:10 NCR 


823 




Number 83 






10:10 NCR 


823 




Number 84 






10:12 NCR 


981 




Number 85 






10:13 NCR 1061 




Number 86 






10:13 NCR 1061 




HUMAN RESOURCES 










10 NCAC 03C 


.5301 




10:14 NCR 1232 


03/01/96 




.5401 - 


.5414 


10:14 NCR 1232 


03/01/96 


03 D 


.0808 




10:14 NCR 1238 


02/01/96 




.1301 - 


.1302 


10:14 NCR 1238 


02/01/96 




.1401 




10:08 NCR 


641 


11/01/95 




.1401 - 


.1403 


10:14 NCR 1238 


02/01/96 




.1501 - 


.1503 


10:14 NCR 1238 


02/01/96 


03 H 


.0108 - 


.0109 


10:02 NCR 


58 


09/01/95 




.0206- 


.0220 


10:02 NCR 


58 


09/01/95 




.0306- 


.0318 


10:02 NCR 


58 


09/01/95 




.0407- 


.0409 


10:02 NCR 


58 


09/01/95 




.0505- 


.0507 


10:02 NCR 


58 


09/01/95 




.0510 - 


.0517 


10:02 NCR 


58 


09/01/95 




.0605- 


.0609 


10:02 NCR 


58 


09/01/95 




.0705 - 


.0712 


10:02 NCR 


58 


09/01/95 




.0810- 


.0812 


10:02 NCR 


58 


09/01/95 




.0903 - 


.0911 


10.02 NCR 


58 


09/01/95 




.1003 - 


.1008 


10:02 NCR 


58 


09/01/95 




.1105- 


.1109 


10:02 NCR 


58 


09/01/95 




.1130- 


.1136 


10:02 NCR 


58 


09/01/95 




.1150- 


.1163 


10:02 NCR 


58 


09/01/95 




.1204- 


.1208 


10:02 NCR 


58 


09/01/95 




.1210 




10:02 NCR 


58 


09/01/95 




.1306- 


.1308 


10:02 NCR 


58 


09/01/95 




.1405- 


.1406 


10:02 NCR 


58 


09/01/95 



10/01/95 



03/06/95 
03/15/95 
03/27/95 
03/30/95 
04/03/95 
05/02/95 
05/23/95 
06/07/95 
06/13/95 
06/27/95 
07/27/95 
08/03/95 
08/24/95 
09/12/95 
09/12/95 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1417 



CUMULATIVE INDEX 





Ageacy/Kxie Citatioa 


Propased m 
Register 


Proposed 

EfTectiTe 

Date 


FmtjiI 


Note 








EffeetiTe 
Date 


Other Infonnation 


State 


Local 









03 L 



03 M 



03 R 



.1408 - 


.1410 


10:02 NCR 


58 


09/01/95 


.1501 - 


.1503 


10:02 NCR 


58 


09/01/95 


.1612- 


.1613 


10:02 NCR 


58 


09/01/95 


.1703 - 


.1704 


10:02 NCR 


58 


09/01/95 


.1804- 


.1807 


10:02 NCR 


58 


09/01/95 


.2001 




10:02 NCR 


58 


09/01/95 


.2101 - 


.2110 


10:02 NCR 


58 


09/01/95 


.2201 - 


.2212 


10:02 NCR 


58 


09/01/95 


.2301 - 


.2308 


10:02 NCR 


58 


09/01/95 


.2401 - 


.2402 


10:02 NCR 


58 


09/01/95 


.2501 - 


.2506 


10:02 NCR 


58 


09/01/95 


.2601 - 


.2607 


10:02 NCR 


58 


09/01/95 


.2701 




10:02 NCR 


58 


09/01/95 


.2801 - 


.2802 


10:02 NCR 


58 


09/01/95 


.2901 - 


.2902 


10:02 NCR 


58 


09/01/95 


.3001 - 


.3005 


10:02 NCR 


58 


09/01/95 


.3011 - 


.3016 


10:02 NCR 


58 


09/01/95 


.3021 - 


.3032 


10:02 NCR 


58 


09/01/95 


.3101 - 


.3104 


10:02 NCR 


58 


09/01/95 


.3201 - 


.3202 


10:02 NCR 


58 


09/01/95 


.3301 - 


.3302 


10:02 NCR 


58 


09/01/95 


.3401 - 


.3404 


10:02 NCR 


58 


09/01/95 


.0901 - 


.0907 


10:08 NCR 


641 


02/01/96 


.1001 - 


.1007 


10:08 NCR 


641 


02/01/96 


.1101 - 


.1112 


10:08 NCR 


641 


02/01/96 


.1201 - 


.1202 


10:08 NCR 


641 


02/01/96 


.1301 - 


.1303 


10:08 NCR 


641 


02/01/96 


.1401 - 


.1402 


10:08 NCR 


641 


02/01/96 


.0202- 


.0205 


10:08 NCR 


641 


02/01/96 


.0207 




10:08 NCR 


641 


02/01/96 


.0109 - 


.0111 


10:14 NCR 1243 


01/01/96 


.0213 - 


.0215 


10:14 NCR 1243 


01/01/96 


.0303 - 


.0305 


10:14 NCR 1243 


01/01/96 


.0317 




10:14 NCR 1243 


01/01/96 


.0904 




10:14 NCR 1243 


01/01/96 


.1003 




10:14 NCR 1243 


01/01/96 


.1113 




10:14 NCR 1243 


01/01/96 


.1115- 


.1120 


10:14 NCR 1243 


01/01/95 


.1124- 


.1127 


10:14 NCR 1243 


01/01/96 


.1214 




10:14 NCR 1243 


01/01/96 


.1216 




10:14 NCR 1243 


01/01/96 


.1218- 


.1219 


10:14 NCR 1243 


01/01/96 


.1302 




10:14 NCR 1243 


01/01/96 


.1304- 


.1309 


10:14 NCR 1243 


01/01/96 


.1413 - 


.1414 


10:14 NCR 1243 


01/01/96 


.1418- 


.1419 


10:14 NCR 1243 


01/01/96 


.1613- 


.1615 


10:14 NCR 1243 


01/01/96 


.1618 - 


.1619 


10:14 NCR 1243 


01/01/96 


.1713 - 


.1714 


10:14 NCR 1243 


01/01/96 


.1719- 


.1720 


10:14 NCR 1243 


01/01/96 


.1912- 


.1914 


10:14 NCR 1243 


01/01/96 


.1916- 


.1918 


10:14 NCR 1243 


01/01/96 


.2002 




10:14 NCR 1243 


01/01/96 


.2004- 


.2011 


10:14 NCR 1243 


01/01/96 


.2117 




10:14 NCR 1243 


01/01/96 


.2120 




10:14 NCR 1243 


01/01/96 


.2319- 


.2320 


10:14 NCR 1243 


01/01/96 


.2402 




10:14 NCR 1243 


01/01/96 


.2404- 


.2412 


10:14 NCR 1243 


01/01/96 


.2502- 


.2512 


10:14 NCR 1243 


01/01/96 


.2603 




10:14 NCR 1243 


01/01/96 


.2605 




10:14 NCR 1243 


01/01/96 


.2607- 


.2610 


10:14 NCR 1243 


01/01/96 



I 



i 



I 



1418 



NORTH CAROUNA REGISTER 



October 16, 1995 



10:14 



CUMULATIVE INDEX 



Agency /Rule Citatioa 


{Proposed ia 
Registar 


Preposed 
EITecdre 








FWalNote 


EffectiTe 
Date 


OAo- InfinmatiaB 




iM^al 




Date 


State 







.2612 - 


.2613 


10:14 NCR 1243 


01/01/96 


.2718 - 


.2719 


10:14 NCR 1243 


01/01/96 


.2802- 


.2807 


10:14 NCR 1243 


01/01/96 


.2809- 


.2810 


10:14 NCR 1243 


01/01/96 


.3103 




10:14 NCR 1243 


01/01/96 


.3107- 


.3108 


10:14 NCR 1243 


01/01/96 


.3204 




10:14 NCR 1243 


01/01/96 


.3206- 


.3207 


10:14 NCR 1243 


01/01/96 


.3306 




10:14 NCR 1243 


01/01/96 


.3401 




10:14 NCR 1243 


01/01/96 


.3406- 


.3407 


10:14 NCR 1243 


01/01/96 


.3502- 


.3503 


10:14 NCR 1243 


01/01/96 


.3506- 


.3507 


10:14 NCR 1243 


01/01/96 


.3606- 


.3507 


10:14 NCR 1243 


01/01/96 


.3706- 


.3707 


10:14 NCR 1243 


01/01/96 


.3806- 


.3807 


10:14 NCR 1243 


01/01/96 


.3902- 


.3904 


10:14 NCR 1243 


01/01/96 


.3907- 


.3909 


10:14 NCR 1243 


01/01/96 


.4002 


-.4008 


10:14 NCR 1243 


01/01/96 


.4010- 


.4012 


10:14 NCR 1243 


01/01/96 


.4102- 


.4107 


10:14 NCR 1243 


01/01/96 


.4202 




10:14 NCR 1243 


01/01/96 


.4204 




10:14 NCR 1243 


01/01/96 


.4206- 


.4207 


10:14 NCR 1243 


01/01/96 


.7001 - 


.7008 


10:14 NCR 1291 


01/01/96 


03T .0102 




10:14 NCR 1297 


02/01/96 


.0201 - 


.0210 


10:14 NCR 1297 


02/01/96 


.0301 - 


.0303 


10:14 NCR 1297 


02/01/96 


.0401 - 


.0403 


10:14 NCR 1297 


02/01/96 


.0501 - 


.0505 


10:14 NCR 1297 


02/01/96 


.0601 - 


.0605 


10:14 NCR 1297 


02/01/96 


.0701 - 


.0703 


10:14 NCR 1297 


02/01/96 


.0801 - 


.0803 


10:14 NCR 1297 


02/01/96 


.0901 - 


.0902 


10:14 NCR 1297 


02/01/96 


.1001 - 


.1002 


10:14 NCR 1297 


02/01/96 


.1102 




10:14 NCR 1297 


02/01/96 


.1113 




10:14 NCR 1297 


02/01/96 


.1116 




10:14 NCR 1297 


02/01/96 


.1202 




10:14 NCR 1297 


02/01/96 


.1204 




10:14 NCR 1297 


02/01/96 


.1212 




10:14 NCR 1297 


02/01/96 


14B .0501 - 


.0503 


10:07 NCR 


430 


05/01/96 


.0505- 


.0509 


10:07 NCR 


430 


05/01/96 


14K .0101 - 


.0103 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0219 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0310 


10:07 NCR 


430 


05/01/96 


.0312- 


.0315 


10:07 NCR 


430 


05/01/96 


.0317- 


.0324 


10:07 NCR 


430 


05/01/96 


.0326 - 


.0329 


10:07 NCR 


430 


05/01/96 


.0333 - 


.0348 


10:07 NCR 


430 


05/01/96 


.0350 - 


.0365 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0408 


10:07 NCR 


430 


05/01/96 


14L .0101 - 


.0106 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0203 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0308 


10:07 NCR 


430 


05/01/96 


.0310 




10:07 NCR 


430 


05/01/96 


.0401 - 


.0407 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0606 


10:07 NCR 


430 


05/01/96 


.0609 




10:07 NCR 


430 


05/01/96 


.0611 - 


.0615 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0709 


10:07 NCR 


430 


05/01/96 


.071 1 - 


.0712 


10:07 NCR 


430 


05/01/96 


14M .0101 - 


.0113 


10:07 NCR 


430 


05/01/96 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1419 



CUMULATIVE INDEX 



Agoicy/RHle Citaticm 



Proposed m 
Register 



Proposed 

EffectiTe 

Date 



Fiscal Note 



Stale Lec^ 



Effective 
Date 



Otiber Infonnalioa 



i 



14N 



140 



14V 



.0501 - 


.0511 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0602 


10:07 NCR 


430 


05/01/96 


.0604 




10:07 NCR 


430 


05/01/96 


.0606 




10:07 NCR 


430 


05/01/96 


.0608 - 


.0612 


10:07 NCR 


430 


05/01/96 


.0614- 


.0615 


10:07 NCR 


430 


05/01/96 


.0617- 


.0621 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0716 


10:07 NCR 


430 


05/01/96 


.0101 - 


.0107 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0207 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0307 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0406 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0507 


10:07 NCR 


430 


05/01/96 


.0701 




10:07 NCR 


430 


05/01/96 


,0703 - 


.0705 


10:07 NCR 


430 


05/01/96 


.0801 - 


.0811 


10:07 NCR 


430 


05/01/96 


.0901 - 


.0905 


10:08 NCR 


656 


05/01/96 


.0301 - 


.0314 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0409 


10:07 NCR 


430 


05/01/96 


.0411 - 


.0416 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0505 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0609 


10:07 NCR 


430 


05/01/96 


.0611- 


.0615 


10:07 NCR 


430 


05/01/96 


.0617- 


.0618 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0710 


10:07 NCR 


430 


05/01/96 


.0101 - 


.0104 


10:07 NCR 


430 


05/01/96 


.0101 - 


.0104 


10:13 NCR 1085 


05/01/96 


.0201 - 


.0208 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0208 


10:13 NCR 1085 


05/01/96 


.0301 - 


.0304 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0304 


10:13 NCR 1085 


05/01/96 


.0401 - 


.0405 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0405 


10:13 NCR 1085 


05/01/96 


.0501 - 


.0505 


10:07 NCR 


430 


05/01/96 


,0501 - 


.0505 


10:13 NCR 1085 


05/01/96 


.0601 - 


.0604 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0607 


10:13 NCR 1085 


05/01/96 


.0701 - 


.0712 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0713 


10:13 NCR 1085 


05/01/96 


.0801 - 


.0805 


10:07 NCR 


430 


05/01/96 


.0801 - 


.0805 


10:13 NCR 1085 


05/01/96 


.1101 - 


.1103 


10:07 NCR 


430 


05/01/96 


.1101 - 


.1103 


10:13 NCR 1085 


05/01/96 


.1201 - 


.1203 


10:07 NCR 


430 


05/01/96 


.1201 - 


.1203 


10:13 NCR 1085 


05/01/96 


.1301 - 


.1303 


10:07 NCR 


430 


05/01/96 


.1301 - 


.1304 


10:13 NCR 1085 


05/01/96 


.1401 - 


.1403 


10:07 NCR 


430 


05/01/96 


.1401 - 


.1403 


10:13 NCR 1085 


05/01/96 


.1501 - 


.1504 


10:07 NCR 


430 


05/01/96 


.1501 - 


.1504 


10:13 NCR 1085 


05/01/96 


.2101 - 


.2104 


10:07 NCR 


430 


05/01/96 


.2101 - 


.2104 


10:13 NCR 1085 


05/01/96 


.2201 - 


.2204 


10:07 NCR 


430 


05/01/96 


.2201 - 


.2204 


10:13 NCR 1085 


05/01/96 


.2301 - 


.2306 


10:07 NCR 


430 


05/01/96 


.2301 - 


.2306 


10:13 NCR 1085 


05/01/96 


.2401 - 


.2404 


10:07 NCR 


430 


05/01/96 


.2401- 


.2404 


10:13 NCR 1085 


05/01/96 


.2501 - 


.2505 


10:07 NCR 


430 


05/01/96 


.2501 - 


.2505 


10:13 NCR 1085 


05/01/96 


.3101 - 


.3103 


10:07 NCR 


430 


05/01/96 


.3101 - 


.3103 


10:13 NCR 1085 


05/01/96 



Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 



i 



i 



1420 



NORTH CAROUNA REGISTER 



October 16, 1995 



10:14 



CUMULATIVE INDEX 



Agcacy/Rule Citatioa 


Proposed ia 
Resister 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 






Other Infwmatiaa 


State 


iM-al 











.3201 - 


.3203 


10:07 NCR 430 


05/01/96 




.3201 - 


.3203 


10:13 NCR 1085 


05/01/96 




.3301 - 


.3303 


10:07 NCR 430 


05/01/96 




.3301 - 


.3303 


10:13 NCR 1085 


05/01/96 




.3401 - 


.3403 


10:07 NCR 430 


05/01/96 




.3401 - 


.3403 


10:13 NCR 1085 


05/01/96 




.3501- 


.3503 


10:07 NCR 430 


05/01/96 




.3501- 


.3503 


10:13 NCR 1085 


05/01/96 




.3601 - 


.3604 


10:07 NCR 430 


05/01/96 




.3601 - 


.3604 


10:13 NCR 1085 


05/01/96 




.3701 - 


.3703 


10:07 NCR 430 


05/01/96 




.3701 - 


.3703 


10:13 NCR 1085 


05/01/96 




.3801 - 


.3803 


10:07 NCR 430 


05/01/96 




.3801 - 


.3803 


10:13 NCR 1085 


05/01/96 




.3901 - 


.3903 


10:07 NCR 430 


05/01/96 




.3901 - 


.3903 


10:13 NCR 1085 


05/01/96 




.4001 - 


.4003 


10:07 NCR 430 


05/01/96 




.4001 - 


.4003 


10:13 NCR 1085 


05/01/96 




.4101 - 


.4104 


10:07 NCR 430 


05/01/96 




.4101 - 


.4104 


10:13 NCR 1085 


05/01/96 




.4201 - 


.4203 


10:13 NCR 1085 


05/01/96 




.5001 - 


.5002 


10:07 NCR 430 


05/01/96 




.5001 - 


.5003 


10:13 NCR 1085 


05/01/96 




.5101 - 


.5104 


10:07 NCR 430 


05/01/96 




.5101 - 


.5104 


10:13 NCR 1085 


05/01/96 




.5201 - 


.5204 


10:07 NCR 430 


05/01/96 




.5201 - 


.5204 


10:13 NCR 1085 


05/01/96 




.5301 - 


.5303 


10:07 NCR 430 


05/01/96 




.5301 - 


.5303 


10:13 NCR 1085 


05/01/96 




.5401- 


.5403 


10:07 NCR 430 


05/01/96 




.5401 - 


.5403 


10:13 NCR 1085 


05/01/96 




.5501- 


.5503 


10:07 NCR 430 


05/01/96 




.5501 - 


.5503 


10:13 NCR 1085 


05/01/96 




.5601 - 


.5603 


10:07 NCR 430 


05/01/96 




.5601 - 


.5603 


10:13 NCR 1085 


05/01/96 




.5701 - 


.5703 


10:07 NCR 430 


05/01/96 




.5701 - 


.5703 


10:13 NCR 1085 


05/01/96 




.5801 - 


.5804 


10:07 NCR 430 


05/01/96 




.5801 - 


.5804 


10:13 NCR 1085 


05/01/96 




.5901 - 


.5903 


10:07 NCR 430 


05/01/96 




.5901 - 


.5903 


10:13 NCR 1085 


05/01/96 




.6001 - 


.6003 


10:07 NCR 430 


05/01/96 




.6001 - 


.6003 


10:13 NCR 1085 


05/01/96 




.6101 - 


.6103 


10:07 NCR 430 


05/01/96 




.6101 - 


.6103 


10:13 NCR 1085 


05/01/96 




.6201 - 


.6202 


10:07 NCR 430 


05/01/96 




.6201 - 


.6202 


10:13 NCR 1085 


05/01/96 




.6301 - 


.6303 


10:07 NCR 430 


05/01/96 




.6301 - 


.6303 


10:13 NCR 1085 


05/01/96 




.6401 - 


.6403 


10:07 NCR 430 


05/01/96 




.6401 - 


.6403 


10:13 NCR 1085 


05/01/96 




.6501 - 


.6503 


10:07 NCR 430 


05/01/96 




.6501 - 


.6503 


10:13 NCR 1085 


05/01/96 




.6601 - 


.6603 


10:07 NCR 430 


05/01/96 




.6601 - 


.6603 


10:13 NCR 1085 


05/01/96 




.6701 - 


.6702 


10:07 NCR 430 


05/01/96 




.6701 - 


.6702 


10:13 NCR 1085 


05/01/96 




.6801 - 


.6802 


10:07 NCR 430 


05/01/96 




.6801 - 


.6802 


10:13 NCR 1085 


05/01/96 




.6901 - 


.6903 


10:07 NCR 430 


05/01/96 




.6901 - 


.6903 


10:13 NCR 1085 


05/01/96 




15A .0115- 


.0127 


10:13 NCR 1085 


01/01/96 


X 


.0205- 


.0228 


10:13 NCR 1085 


01/01/96 


X 



Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 

Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 



10:14 



NORTH CAROUNA REGISTER 



October 16, 1995 



1421 



CUMULATIVE INDEX 





Ageacy/Rule Citatioa 


Proposed la 
Register 


Proposed 


Fisral Note 


EffeetiTe 


Other Infonnaliaa 


Date 


State 


Local 


Date 



18A .0124 - .0128 


10:07 NCR 


430 


05/01/96 


.0130 


10:07 NCR 


430 


05/01/96 


.0132 - .0133 


10:07 NCR 


430 


05/01/96 


.0135 - .0136 


10:07 NCR 


430 


05/01/96 


18D .0209 


10:14 NCR 1311 


01/01/96 


18F .0115 -.0117 


10:14 NCR 1311 


01/01/96 


181 .01 14 -.0120 


10:07 NCR 


430 


05/01/96 


18J .01 10 -.01 19 


10:07 NCR 


430 


05/01/96 


.0212 - .0213 


10:07 NCR 


430 


05/01/96 


.0304- .0311 


10:07 NCR 


430 


05/01/96 


.0507- .0511 


10:08 NCR 


656 


05/01/96 


.0601 - .0604 


10:07 NCR 


430 


05/01/96 


.0701 - .0715 


10:07 NCR 


430 


05/01/96 


.0801 - .0805 


10:07 NCR 


430 


05/01/96 


.0803 


10:02 NCR 


118 


07/01/95 


18K .0109 -.0116 


10:07 NCR 


430 


05/01/96 


.0262 - .0263 


10:08 NCR 


656 


05/01/96 


18L .0107 - .0108 


10:07 NCR 


430 


05/01/96 


.0223 - .0224 


10:07 NCR 


430 


05/01/96 


.0331 - .0336 


10:07 NCR 


430 


05/01/96 


.0338 - .0339 


10:07 NCR 


430 


05/01/96 


.0428 - .0434 


10:07 NCR 


430 


05/01/96 


.0504 


10:07 NCR 


430 


05/01/96 


.0511 


10:07 NCR 


430 


05/01/96 


.0513 


10:07 NCR 


430 


05/01/96 


.0601 - .0607 


10:08 NCR 


656 


05/01/96 


.0701 - .0705 


10:07 NCR 


430 


05/01/96 


.0707 


10:07 NCR 


430 


05/01/96 


.0801 


10:07 NCR 


430 


05/01/96 


.0803 - .0809 


10:07 NCR 


430 


05/01/96 


.0901 - .0904 


10:07 NCR 


430 


05/01/96 


.1001 - .1006 


10:07 NCR 


430 


05/01/96 


.1101 - .1103 


10:07 NCR 


430 


05/01/96 


.1105- .1107 


10:07 NCR 


430 


05/01/96 


.1201 


10:07 NCR 


430 


05/01/96 


.1203 - .1206 


10:07 NCR 


430 


05/01/96 


.1301 - .1309 


10:07 NCR 


430 


05/01/96 


.1401 - .1403 


10:07 NCR 


430 


05/01/96 


.1501 - .1525 


10:07 NCR 


430 


05/01/96 


18M .0107 -.01 10 


10:07 NCR 


430 


05/01/96 


.0206 - .0213 


10:07 NCR 


430 


05/01/96 


.0304 - .0307 


10:07 NCR 


430 


05/01/96 


.0406- .0409 


10:07 NCR 


430 


05/01/96 


.0505 - .0506 


10:07 NCR 


430 


05/01/96 


.0607 - .0608 


10:07 NCR 


430 


05/01/96 


.0701 


10:07 NCR 


430 


05/01/96 


.0703 - .0706 


10:07 NCR 


430 


05/01/96 


.0708 - .0714 


10:07 NCR 


430 


05/01/96 


.0801 - .0803 


10:07 NCR 


430 


05/01/96 


.0817- .0819 


10:07 NCR 


430 


05/01/96 


.0824 - .0838 


10:07 NCR 


430 


05/01/96 


.0901 - .0908 


10:07 NCR 


430 


05/01/96 


.1001 - .1009 


10:07 NCR 


430 


05/01/96 


.1101 - .1106 


10:07 NCR 


430 


05/01/96 


.1203 - .1204 


10:07 NCR 


430 


05/01/96 


.1302- .1305 


10:07 NCR 


430 


05/01/96 


.1401 - .1403 


10:07 NCR 


430 


05/01/96 


.1405- .1410 


10:07 NCR 


430 


05/01/96 


18N .0105 -.01 10 


10:07 NCR 


430 


05/01/96 


.0204 - .0212 


10:07 NCR 


430 


05/01/96 


.0305 - .0306 


10:07 NCR 


430 


05/01/96 


.0601 - .0605 


10:08 NCR 


656 


05/01/96 


.0701 - .0709 


10:08 NCR 


656 


05/01/96 



f 



07/01/95 



i 



i 



1422 



NORTH CAROUNA REGISTER 



October 16, 1995 



10:14 



CUMULATIVE INDEX 





Ageacy/Rule CitatioB 


Proposed in 
Register 


Proposed 

EfTectire 

»rte 


Kw^Nete 


I^ectiTe 
Date 


Other toformatiaD 


State 


Locat 



180 


.0517 - 


.0524 


18P 


.0901 - 


.0903 




.1001 - 


.1004 


18Q 


.0284 






.0286- 


.0287 




.0520 - 


.0521 




.0538 - 


.0552 


190 


.0501 - 
.0603 


.0502 




.0606- 


.0612 




.0803 






.0806 






.0817 






.0823 




26B 


.0110 
.0124 




260 


.0703 - 


.0705 


26H 


.0212- 
.0213 
.0213 
.0302 


.0213 




.0304- 


.0305 




.0308 - 


.0309 




.0508 




261 


.0101 - 


.0107 


39D 


.0302- 


.0303 


41F 


.0706 
.0812 




42B 


.1209 




42C 


.2010 




42D 


.1409 




42H 


.0911 




42W 


.0001 - 


.0002 


50B 


.0313 




INSURANCE 






11 NCAC 06A 


.0812 




16 


.0704 




JUSTICE 






12 NCAC 04E 


.0104 




07D 


.0201 
.0204 
.0301 
.0401 
.0701 
.0706 
.0801 
.0806 
.0902 
.0904 




09A 


.0204 




09B 


.0113 






.0201 - 


.0202 




.0205 






.0206 






.0210 






.0212- 


.0214 




.0226- 


.0228 




.0232- 


.0233 


09C 


.0401 
.0601 




09D 


.0102 





10:08 
10:07 
10:07 
10:07 
10:07 
10:07 
10:07 
10:14 
10:14 
10:14 
10:14 
10:14 
10:14 
10:14 
10:08 
10:02 
10:12 
10:13 
10:02 
10:14 
10:04 
10:04 
10:04 
10:12 
10:10 
10:09 
10:03 
10:03 
10:13 
10:13 
10:13 
10:09 
10:10 
10:14 



NCR 656 
NCR 430 
NCR 430 
NCR 430 
NCR 430 
NCR 430 
NCR 430 
NCR 1312 
NCR 1312 
NCR 1312 
NCR 1312 
NCR 1312 
NCR 1312 
NCR 1312 
NCR 660 
NCR 118 
NCR 982 
NCR 1153 
NCR 118 
NCR 1317 
NCR 228 
NCR 228 
NCR 228 
NCR 982 
NCR 826 
NCR 722 
NCR 196 
NCR 196 
NCR 1158 
NCR 1158 
NCR 1158 
NCR 722 
NCR 828 
NCR 1321 



10:04 NCR 246 
10:11 NCR 900 



10:07 
10:07 
10:11 
10:07 
10:07 
10:07 
10:07 
10:07 
10:07 
10:07 
10:07 
10:02 
10:02 
10:02 
10:02 
10:02 
10:02 
10:02 
10:02 
10:02 
10:02 
10:02 
10:02 



NCR 573 
NCR 575 
NCR 900 
NCR 575 
NCR 575 
NCR 575 
NCR 575 
NCR 575 
NCR 575 
NCR 575 
NCR 575 
NCR 
NCR 
NCR 
NCR 
NCR 



122 
122 
122 
122 
122 



NCR 122 
NCR 122 
NCR 122 
NCR 
NCR 
NCR 



122 
122 
122 



NCR 122 



05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
10/01/95 
07/01/95 
12/01/95 
01/01/96 
07/01/95 
01/01/96 
08/01/95 
08/01/95 
08/01/95 
12/01/95 
11/01/95 
11/01/95 
08/01/95 
08/01/95 
01/01/96 
01/01/96 
01/01/96 
12/01/95 
11/01/95 
01/01/96 



08/01/95 
12/01/95 



10/01/95 
10/01/95 
12/01/95 
10/01/95 
10/01/95 
10/01/95 
10/01/95 
10/01/95 
10/01/95 
10/01/95 
10/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 



10/01/95 
07/01/95 



07/01/95 

08/01/95 
08/01/95 
08/01/95 



08/01/95 
08/01/95 



08/01/95 



10/01/95 



08/01/95 
08/01/95 
01/01/96 

08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 



10:14 



NORTH CAROUNA REGISTER 



October 16, 1995 



1423 



CUMULATIVE INDEX 



Agency/Rule Citatioa 



Proposed m 
Register 



Proposed 

Effectire 

Date 



Fiscal Note 



State Local 



EffectiTe 
Dale 



Other Informatioa 



f 





.0104 - 


.0106 


10:02 NCR 


122 


08/01/95 


lOB 


.0102 - 


.0103 


10:09 NCR 


723 


01/01/96 




.0105 




10:09 NCR 


723 


01/01/96 




.0204 




10:09 NCR 


723 


01/01/96 




.0301 




10:09 NCR 


723 


01/01/96 




.0304 




10:09 NCR 


723 


01/01/96 




.0307 




10:09 NCR 


723 


01/01/96 




.0401 ■ 


.0403 


10:09 NCR 


723 


01/01/96 




.0405 




10:09 NCR 


723 


01/01/96 




.0407 - 


.0409 


10:09 NCR 


723 


01/01/96 




.0502- 


.0503 


10:09 NCR 


723 


01/01/96 




.0505 




10:09 NCR 


723 


01/01/96 




.0601 - 


.0607 


10:09 NCR 


723 


01/01/96 




.0702- 


.0706 


10:09 NCR 


723 


01/01/96 




.0801 - 


.0803 


10:09 NCR 


723 


01/01/96 




.0901 




10:09 NCR 


T23 


01/01/96 




.0903 - 


.0906 


10:09 NCR 


723 


01/01/96 




.0908 - 


,0912 


10:09 NCR 


723 


01/01/96 




.1004- 


.1005 


10:09 NCR 


723 


01/01/96 




.1201 - 


.1205 


10:09 NCR 


723 


01/01/96 


11 


.0210 




10:05 NCR 


301 


09/01/95 


LABOR 












13 NCAC 






10:01 NCR 


10 


01/01/96 








10:01 NCR 


12 


01/01/96 








10:02 NCR 


149 


10/01/95 








10:02 NCR 


149 


01/01/96 








10:02 NCR 


149 


01/01/96 








10:02 NCR 


149 


02/01/96 








10:03 NCR 


196 


01/01/96 








10:03 NCR 


197 


01/01/96 


12 


.0101 




10:02 NCR 


142 


08/01/95 




.0303 - 


.0315 


10:02 NCR 


142 


08/01/95 




.0501 - 


.0502 


10:02 NCR 


142 


08/01/95 




0803 - 


.0808 


10:02 NCR 


142 


08/01/95 


18 


0101 - 


.0110 


10:14 NCR 1323 


01/01/96 


LIST OF RULES CODIFIED 














10:02 NCR 


167 










10:04 NCR 


272 










10:06 NCR 


392 










10:09 NCR 


783 










10:10 NCR 


845 










10:12 NCR 1017 




MEDICAL EXAMINERS 








21 NCAC 32B 


.0901 - 


.0902 


10:10 NCR 


831 


11/01/95 


32F 


.0003 




10:10 NCR 


831 


11/01/95 


32H 


.0102 




10:02 NCR 


151 


07/01/96 




.0201 




10:02 NCR 


151 


07/01/96 




.0203 




10:02 NCR 


151 


07/01/96 




.0408 




10:02 NCR 


151 


07/01/96 




.0506 




10:02 NCR 


151 


07/01/96 




.0601 




10:02 NCR 


151 


07/01/95 




.0602 




10:02 NCR 


151 


07/01/96 




.0801 




10:02 NCR 


151 


07/01/96 




.1001 




10:02 NCR 


151 


07/01/96 


321 


.0003 - 


.0004 


10:02 NCR 


151 


07/01/95 


32M 


.0001 - 


.0002 


10:10 NCR 


831 


11/01/95 


MORTUARY SCIENCE 










21 NCAC 34B 


.0401 




10:13 NCR 1182 


01/01/96 


34D 


.0202 




10:13 NCR 1182 


01/01/96 



08/01/95 



10/01/95 



Notice on 
Notice on 
Notice on 
Notice on 
Notice on 
Notice on 
Notice on 
Notice on 



Subject 
Subject 
Subject 
Subject 
Subject 
Subject 
Subject 
Subject 



Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 



i 



Rule* Filed 03/95 
Rules Filed 04/95 
Rulea Filed 05/95 
Rules Filed 06/95 
Rules Filed 07/95 
Rules Filed 08/95 



07/01/96 
07/01/96 

07/01/96 
07/01/96 
09/01/95 
07/01/96 
07/01/96 
07/01/96 
09/01/95 



I 



1424 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



CUMULATIVE INDEX 



Agency/Rule Citation 



Proposed io 
Register 



Proposed 

EfTectiTe 

Date 



Fiscal Note 



SUte Local 



Effective 
Date 



Other Inforraatioa 



.0301 



NURSING, BOARD OF 



21 NCAC 36 



.0109 

.0202- 

.0209 

.0211 

.0216- 

.0221 

.0225 

.0227 

.0318 

.0320 

.0322 

.0401 - 



,0203 



.0219 



.0405 



NURSING HOME ADMINISTRATORS 

21 NCAC 37 .0101 
.0302 
.0404 
.0502 
.0603 
.0904 
.0912 
.0914 

PHYSICAL THERAPY EXAMINERS 

21 



NCAC 48C 


.0103 




48D 


.0006 
.0008 
.0011 




48E 


.0110 




48F 


.0002 




48G 


.0501 - 
.0601 


.0516 


48H 


.0104 






.0701 - 


.0704 



10:13 NCR 1182 


01/01/96 


10:11 NCR 


908 


01/01/96 


10 


11 NCR 


908 


01/01/96 


10 


11 NCR 


908 


01/01/96 


10 


11 NCR 


908 


01/01/96 


10 


11 NCR 


908 


01/01/96 


10 


11 NCR 


908 


01/01/96 


10 


11 NCR 


908 


01/01/96 


10 


11 NCR 


908 


01/01/96 


10 


11 NCR 


908 


01/01/96 


10 


11 NCR 


908 


01/01/96 


10 


11 NCR 


908 


01/01/96 


10 


10 NCR 


839 


12/01/95 


RS 

10:04 NCR 


262 


08/01/95 


10:03 NCR 


206 


08/01/95 


10:03 NCR 


206 


08/01/95 


10:03 NCR 


206 


08/01/95 


10:03 NCR 


206 


08/01/95 


10:04 NCR 


262 


08/01/95 


10:03 NCR 


206 


08/01/95 


10:03 NCR 


206 


08/01/95 


J 

10:08 NCR 


671 


10/01/95 


10:08 NCR 


671 


10/01/95 


10:08 NCR 


671 


10/01/95 


10:08 NCR 


671 


10/01/95 


10:08 NCR 


671 


10/01/95 


10:08 NCR 


671 


10/01/95 


10:08 NCR 


671 


10/01/95 


10:08 NCR 


671 


10/01/95 


10:08 NCR 


671 


10/01/95 


10 


08 NCR 


671 


10/01/95 



PLUMBING, HEATING & FIRE SPRINKLER CONTRACTORS 

21 NCAC 50 .0402 10:01 NCR 39 09/01/95 

.0505 10:01 NCR 39 09/01/95 

PROFESSIONAL COUNSELORS 

21 NCAC 53 



21 NCAC 56 



.0204- 


.0211 


10:01 NCR 


40 


07/01/95 


.0301 




10:01 NCR 


40 


07/01/95 


.0305 - 


.0309 


10:01 NCR 


40 


07/01/95 


.0310 




10:01 NCR 


40 


07/01/95 


.0403 - 


.0405 


10:01 NCR 


40 


07/01/95 


.0601 - 


.0604 


10:01 NCR 


40 


07/01/95 


ENGINEERS AND LAND SURVEYORS 




.0802 




10 


11 NCR 


934 


12/01/95 


.0804 




10 


11 NCR 


934 


12/01/95 


.0902 




10 


11 NCR 


934 


12/01/95 


.1103 




10 


11 NCR 


934 


12/01/95 


.1301 




10 


11 NCR 


934 


12/01/95 


.1602 




10 


11 NCR 


934 


12/01/95 


.1604 




10 


11 NCR 


934 


12/01/95 


.1608 




10 


11 NCR 


934 


12/01/95 


.1707 




10 


11 NCR 


934 


12/01/95 


.1712- 


.1713 


10 


11 NCR 


934 


12/01/95 



08/01/95 

N/A 

N/A 
08/01/95 
08/01/95 

N/A 
08/01/95 

N/A 



N/A 
10/01/95 
10/01/95 
10/01/95 
10/01/95 
10/01/95 
10/01/95 
10/01/95 
10/01/95 
10/01/95 



09/01/95 

N/A 



07/01/95 
07/01/95 
07/01/95 

07/01/95 
07/01/95 



Agency withdrew Rule 
Agency withdrew Rule 



Agency withdrew Rule 
Agency withdrew Rule 

Agency withdrew Rule 



Agency Did Not Adopt 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1425 



CUMULATIVE INDEX 



Agoicy/Ride Citatioa 



Proposed ia 
Register 



Proposed 

EffectiTe 

Date 



Fiscal Note 



State Local 



EffectiTe 
Date 



Other Information 



i 



PSYCHOLOGY BOARD 










21 NCAC 54 


.1701 




10:11 NCR 


929 


12/01/95 




.1707 




10:11 NCR 


929 


12/01/95 




.2704- 


.2706 


10:11 NCR 


929 


12/01/95 


PUBLIC EDUCATION 










16 NCAC 06D 


.0106 




10:07 NCR 


584 


11/01/95 


REAL ESTATE COMMISSION 








21 NCAC 58 A 


.0110 




10:02 NCR 


157 


07/01/95 




.0403 




10:04 NCR 


263 


08/01/95 




.0503 




10:04 NCR 


263 


08/01/95 




.0504- 


.0506 


10:02 NCR 


157 


07/01/95 




.0505 




10:04 NCR 


263 


08/01/95 




.1703 




10:02 NCR 


157 


07/01/95 




.1707 - 


.1708 


10:02 NCR 


157 


07/01/95 




.1710- 


.1711 


10:02 NCR 


157 


07/01/95 


58E 


.0103 




10:02 NCR 


157 


07/01/95 




.0203 - 


.0204 


10:02 NCR 


157 


07/01/95 




.0303 - 


.0305 


10:02 NCR 


157 


07/01/95 




.0406- 


.0407 


10:02 NCR 


157 


07/01/95 




.0506 




10:02 NCR 


157 


07/01/95 




.0515 




10:02 NCR 


157 


07/01/95 


REFRIGERATION EXAMINERS 








21 NCAC 60 


.0102 




10:04 NCR 


264 


08/01/95 




.0105 




10:09 NCR 


781 


11/01/95 




.0204 




10:04 NCR 


264 


08/01/95 




.0314 




10:04 NCR 


264 


08/01/95 




.1102 




10:04 NCR 


264 


08/01/95 




.1103 




10:09 NCR 


781 


11/01/95 


REVENUE 












Tax Review Board 






10:01 NCR 


03 




Tax Review Board 






10:07 NCR 


428 




Tax Review Board 






10:09 NCR 


716 




Tax Review Board 






10:11 NCR 


890 




SECRETARY OF STATE 








18 NCAC 06 


.1205- 


.1206 


10:05 NCR 


306 


09/01/95 




.1208 




10:05 NCR 


306 


09/01/95 




.1302- 


.1305 


10:05 NCR 


306 


09/01/95 




.1313 




10:05 NCR 


306 


09/01/95 




.1402 




10:11 NCR 


906 


12/01/95 


SOCIAL WORK, 


BOARD OF 








21 NCAC 63 


.0306 




10:13 NCR 1185 


01/01/96 


STATE PERSONNEL 










25 NCAC OIC 


.0207 




10:04 NCR 


264 


08/01/95 




.0402 - 


.0408 


10:04 NCR 


264 


08/01/95 


OlD 


.0201 




10:04 NCR 


264 


08/01/95 




.0205 




10:04 NCR 


264 


08/01/95 




.0207 




10:04 NCR 


264 


08/01/95 




.0211 




10:04 NCR 


264 


08/01/95 




.0401 




10:12 NCR 


986 


12/01/95 




.0406 




10:12 NCR 


986 


12/01/95 




.0504 




10:12 NCR 


986 


12/01/95 




.0509 




10:07 NCR 


588 


10/01/95 




.0510 - 


.0511 


10:12 NCR 


986 


12/01/95 




.0515 




10:12 NCR 


986 


12/01/95 




.0808 




10:04 NCR 


264 


08/01/95 



07/01/95 
08/01/95 
08/01/95 
07/01/95 
08/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 



08/01/95 

08/01/95 
08/01/95 
08/01/95 



i 



10/01/95 



i 



1426 



NORTH CAROLINA REGISTER 



October 16, 1995 



10:14 



CUMULATIVE INDEX 



Ageocy/Rule Citatioa 



Proposed ia 
Register 



Proposed 

EfTectire 

Date 



Fiscal Note 



Sute Local 






.0910 




10:12 NCR 


986 


12/01/95 




.1001 




10:04 NCR 


264 


08/01/95 




.1001 




10:12 NCR 


986 


12/01/95 




.1005 




10:12 NCR 


986 


12/01/95 




.1009 




10:04 NCR 


264 


08/01/95 




.1009- 


.1010 


10:12 NCR 


986 


12/01/95 




.1201 




10:04 NCR 


264 


08/01/95 




.1204 




10:04 NCR 


264 


08/01/95 




.1401 




10:04 NCR 


264 


08/01/95 




.1801 - 


.1802 


10:04 NCR 


264 


08/01/95 




.1928 




10:12 NCR 


986 


12/01/95 




.2001 




10:04 NCR 


264 


08/01/95 




.2601 - 


.2604 


10:12 NCR 


986 


12/01/95 


OlE 


.0304- 


.0305 


10:12 NCR 


986 


12/01/95 




.0804 




10:04 NCR 


264 


08/01/95 




.1001 - 


.1002 


10:12 NCR 


986 


12/01/95 




.1110 




10:12 NCR 


986 


12/01/95 




.1402- 


.1411 


10:07 NCR 


588 


10/01/95 


OIH 


.0628 




10:12 NCR 


986 


12/01/95 


Oil 


.2301 - 


.2310 


10:12 NCR 


986 


12/01/95 


OIJ 


.0401 - 


.0413 


10:12 NCR 


986 


12/01/95 




.0501 - 


.0511 


10:12 NCR 


986 


12/01/95 




.0604- 


.0606 


10:07 NCR 


588 


10/01/95 




.0608 




10:07 NCR 


588 


10/01/95 




.0610- 


.0615 


10:07 NCR 


588 


10/01/95 




.0801 - 


.0809 


10:12 NCR 


986 


12/01/95 


OIK 


.0312 




10:04 NCR 


264 


08/01/95 




.0318 




10:12 NCR 


986 


12/01/95 




.0701 - 


.0705 


10:12 NCR 


986 


12/01/95 




.0707 - 


.0708 


10:12 NCR 


986 


12/01/95 


OIL 


.0101 - 


.0106 


10:12 NCR 


986 


12/01/95 



08/08/95 



10/01/95 



10/01/95 
10/01/95 
10/01/95 



SUBSTANCE ABUSE PROFESSIONALS CERTIFICATION BOARD 

21 NCAC 68 .0501 -.0511 10:14 NCR 1382 02/01/96 

.0601 - .0610 10:14 NCR 1382 02/01/96 



TRANSPORTATION 






19A NCAC 02D .0415 


10:12 NCR 984 


12/31/95 


.0801 


10:04 NCR 254 


09/01/95 


04A .0004 


10:10 NCR 829 


12/01/95 



10/01/95 



10:14 



NORTH CAROLINA REGISTER 



October 16, 1995 



1427 



i 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1995 



DESCRIPTION 



CODE 



ONE-TIME 

PURCHASE 

PRICE 



ANNUAL 

SUBSCRIPTION 

PRICE 



Thla 1 - Dept. of Administration - FuH Trtia 

Division of Purchass & Contract 
Federal Block Grant Funds 

Title 2 - Dept. of Agricultu'e - FiJI Title 

Food & Drug Protection Division 
Structural Pest Control Committee 
Agricultural Markets 
Plant Industry 
Animal Industry 

Title 3 - Dept. of State Auditor - Fdl Title 

Title 4 - Dept. of Commerce - Full Title 

Alcoholic Beverage Control Commission 

Banking Commission 

Credit Union Division 

Savings & Loan Division 

Industrial Commission/Workers Compensation 

Savings Institutions Division 

Title 6 - Dept. of Corrections - f\M Titia 

Division of Prisons 

Title 6 - Counci of State - Full Title 

Title 7 - Dept. of Cuitii'al Resources - Firii Title 

Title 8 - State Board of Elections - Fiil Title 

Title 9 - Offices of the Governor & Lt. Governor - Full Title 

Title 1 - Dept. of Human Resources - Fiil Title 

Licensing of Health Facilities 

Detention Facilities 

Mental Health & Rehabilitation Services 

Social Services 

Children Services/Day Care 

Services for the Aging 

Services for the Blind 

Services for the Deaf & Hard of Hearing 

Employment Opportunities 

Title 1 1 - Dept. of Insurance - Full Title 

Insurance 

Consumer Services 

Fire & Rescue Services 

Agent Services 

Engineering & Building Codes 

Title 12 - Dept. of Justice - Full Title 

Private Protective Services 

Police & Sheriff's Education & Training Standards 

NC Alarm Systems Licensing Board 

Title 1 3 - Dept. of Labor - Full Title 

Mine & Quarry Safety 

General Safety/OSHA 

Wage & Hour Rules 

Boiler fit Pressure Vessel Safety 

Apprenticeship & Training 

Elevator & Amusement Device Safety 



Title 14A - Dept. of Crime Control & Public Safety - 

Alcohol Law Enforcement 
Victims Compensation Fund 



Title 15A - Dept. of Envron., 

Environmental Management 

Air Quality 

Water Qualrty 

Land & Waste Management 

Solid Waste Management 

Underground Storage Tanks 



Health, & Nat. Resources 





201 00 00 


$63.00 


$90.00 




201 10 06 


S21.00 


$30.00 




201 10 33 


«17.50 


$25.00 




202 00 00 


«98.00 


$140.00 




202 15 09 


«28.00 


$40.00 




202 1 5 34 


$21.00 


$30.00 




202 1 5 43 


«21.00 


$30.00 




202 15 48 


$21.00 


$30.00 




202 15 52 


$21.00 


$30.00 




203 00 00 


$7.00 


$10.00 




204 00 00 


$87.50 


$125.00 




204 15 02 


$12.00 


$40.00 




204 1 5 03 


$24.50 


$35.00 




204 1 5 06 


$14.00 


$20.00 




204 1 5 09 


$14.00 


$20.00 




204 15 10 


$14.00 


$20.00 




204 15 16 


$24.50 


$35.00 




206 00 00 


$56.00 


$80.00 




205 1 5 02 


$24.50 


$35.00 




206 00 00 


$21.00 


$30.00 




207 00 00 


$21.00 


$30.00 




208 00 00 


$7.00 


$10.00 


■ Title 


209 00 00 


$31.50 


$45.00 




210 00 00 


$346.60 


$495.00 




210 20 10 


$45.50 


$65.00 




210 20 20 


$31.50 


$45.00 




210 20 30 


$77.00 


$110.00 




210 20 40 


$119.00 


$170.00 




210 20 41 


$31.50 


$45.00 




210 20 42 


$31.50 


$46.00 




210 20 43 


$28.00 


$40.00 




210 20 44 


$17.50 


$25.00 




210 20 45 


$35.00 


$50.00 




211 00 00 


$63.00 


$90.00 




211 1001 


$56.00 


$80.00 




211 1004 


$24.60 


$35.00 




211 1005 


$17.50 


$25.00 




211 10 06 


$28.00 


$40.00 




211 10 08 


$21.00 


$30.00 




212 00 00 


$63.00 


$90.00 




212 1007 


$21.00 


$30.00 




212 1009 


$31.50 


$45.00 




212 10 11 


$17.50 


$25.00 




213 00 00 


$77.00 


$110.00 




213 15 06 


$14.00 


$20.00 




213 20 00 


$31.50 


$45.00 




213 15 12 


$14.00 


$20.00 




213 15 13 


$14.00 


$20.00 




213 15 14 


$14.00 


$20.00 




213 16 16 


$14.00 


$20.00 


Full Title 


214 00 00 


$31.60 


$45.00 




214 00 08 


$17.50 


$25.00 




21400 11 


$14.00 


$20.00 


ces - Full Tide 


216 00 00 


$276.60 


$396.00 




215 1500 


$115.60 


$165.00 




215 16 10 


$49.00 


$70.00 




215 15 20 


$49.00 


$70.00 




215 15 30 


$56.00 


$80.00 




215 15 31 


$35.00 


$50.00 




216 15 32 


$17.50 


$25.00 



DESCRIPTION 



CODE 



ONE-TIME 

PURCHASE 

PRICE 



ANNUAL 

SUBSCRIPTION 

PRICE 



Coastal Management 

Environmental Hearth 

Radiation/Nuclear Waste 

Sanrtation 

Public Hearth 

Intoxilizer & Breathalyser 

Trde 16 - Dept. of Public Instruction - Fdl Trde 

Elementary & Secondary Education 

Title 1 7 - Dept. of Revenue - Fdl Title 

Taxes on Individuals 
Taxes on Business 
Sales & Use Tax Division 
Motor Fuels Tax Division 

Title 18 - Secretary of State - Full Title 

Securities Division 

Title 19A - Dept. of Transportation - Full Title 

Division of Highways 
Division of Motor Vehicles 

Title 20 - Dept. of the State Treasurer - Fiil Tide 
Title 21 - Occupational Licensing Boards - Fiil Title 
Title 22 - Administrative Procedures Act - Repealed 
Tide 23 - Dept. of Community Colleges - Fiil Tide 
Tide 24 - Independent Agencies - Full Tide 
Tide 26 - Office of State Personnel - Fiil Tide 
Title 26 - Office of Administrative Hearings - Full Tide 
Tide 27 - North Carolina State Bar - Fiil Title 

North Carolina Administrative Code - Fiil Code 

lAdd $85.00 Shipping and Handling) 

CD-ROM North Carolina Administrative Code 
CD-ROM North Carolina Administrative Code 

(When purchased wrth the Full Code in Print) 

Master Index 

Master Table of Contents 

BirKJerls) 

METHOD OF PAYMENT: D Check Enclosed 

D VISA D MasterCard D American Express 

CARD HOLDER 

NAME (Aa It appears on card) 

SIGNATURE 

CUSTOMER INFORMATION 

FIRM OR COMPANY NAME 



CONTACT NAME 



TELEPHONE NUMBER 



215 1540 


«31.50 


$45.00 


215 25 00 


«105.00 


$150.00 


215 25 10 


«42.00 


$60.00 


215 25 20 


«35.00 


$50.00 


215 25 30 


$59.50 


$85.00 


215 25 31 


$17.50 


$25.00 


216 00 00 


$21.00 


$30.00 


216 10 06 


$21.00 


$30.00 


217 00 00 


$91.00 


$130.00 


217 15 10 


$31.50 


$45.00 


217 15 20 


$56.00 


$80.00 


217 15 27 


$31.50 


$45.00 


217 15 29 


$21.00 


$30.00 


218 00 00 


$21.00 


$30.00 


218 10 06 


$21.00 


$30.00 


219 00 00 


$63.00 


$90.00 


219 10 02 


$28.00 


$40.00 


219 10 03 


$35.00 


$50.00 


220 00 00 


$31.60 


$45.00 


221 00 00 


$143.60 


$206.00 


222 00 00 


$0.00 


$0.00 


223 00 00 


$7.00 


$10.00 


224 00 00 


$7.00 


$10.00 


226 00 00 


$42.00 


$60.00 


226 00 00 


$7.00 


$10.00 


227 00 00 


$42.00 


$60.00 


299 99 98 


$375.00 


$760.00 


266 00 00 




$750.00 


266 60 00 




$260.00 


288 60 00 


$296.00 


$475.00 


288 80 00 


$40.00 


$75.00 


299 90 00 


$16.00 





CODE 
NUMBER 


ONE-TIME 

PURCHASE 

PRICE 


ANNUAL 

SUBSCRIPTION 

P«CE 


QTY 


TOTAL 
































Bindef 111- m»d •Oificitl Ncnh Cvdirm AttrunaDtOvm Cod*' 
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North Carolina State Salsa Tax (6%) 




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GRAND TOTAL 





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